LETTING
LETTING
Solving Rental Disputes
Solving common disputes between landlords and tenants
BY DAVID REBE
Disputes can often occur between landlords and tenants due to disagreements about rent , disrepair , deposits and service charges . However , with the correct guidance and rules in place , landlords and tenants need not reach the point where the negative consequences are suffered by both parties . There are many options to consider when resolving property disputes .
Late Payments Tenants making late payments for rent is a common . One way to manage late payment is to impose penalty charges , which will effectively cover the extra administration requirements . This penalty will , however , need to be stipulated in the lease agreement . If no penalty fee is charged , then there is no real consequence for not paying rent on time , and the tenant can make a habit of it .
In some cases landlords offer tenants a grace period for rent to be paid . However , this too must be stipulated in the lease agreement .
Damage or neglect to property It is the tenant ’ s duty to report any damages made to the property to the landlord in due course . It is the landlord ’ s responsibility to conduct regular inspections of the property to ensure damage to the property has been reported .
The lease agreement must include details on various the responsibilities of each party . For example , landlords are obligated to address any repairs that need to be made to the house , granted that these specific repairs are outlined in the lease agreement . On the other hand , tenants have the responsibility to meet the
terms and conditions of the property including maintenance of the property and abiding to noise restrictions .
If a property has been violated or damaged , a written warning will be issued , which will request that the tenant rectify the damage . If the tenant does not adhere to the request , the landlord can legally use the tenant ’ s deposit to pay for the costs associated with the damage .
However , should the damage be a result of wear and tear , the tenant will not be held liable for the replacement or upkeep of these items .
Maintenance The landlord is responsible for repairing damage to the property caused by general wear and tear , such as , leaking roofs , plumbing and drain problems and damaged gutters . The landlord will also need to ensure that the property is maintained both internally ( windows and doors ) and externally ( roofs and gates ). In order to avoid any potential disputes , tenants and landlords must inspect the property together before the tenant moves in , and make a detailed list of damaged items or areas in the property . When discussing damages and repairs , it is also advised that all requests are communicated in writing so that there is proof of the request and the conversation .
In the interest of both parties , it is important for the landlord and tenant to have regular contact to ensure all issues are dealt effectively , and that no misinterpretations intensify and worsen , leading to an unpleasant situation for both parties .
RESOURCES
Sandak-Lewin Property Trust
12 Residential E-Book 2016 www . reimag . co . za