Trustdad Legal

Why do you need a rental agreement?

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The terms and conditions for the use of the premises are set out in the rental agreement. No rental can be without terms even if it is the most simple terms.

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Must the agreement be in writing?

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No, the agreement would be perfectly legal and binding if it is an oral agreement. If a tenant request that the agreement must be in writing, the landlord is legally bound to adhere to the request.

 

If an oral agreement is legal, why is it advisable to have a written agreement?

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Any oral agreement usually brings a certain degree of uncertainties to the table. Many times crucial issues are not specified, and when disputes arise, the parties may easily have its own opinion of what the terms would have been. It is therefore strongly advised that landlords and tenants should conclude a written agreement.

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What is a fixed term lease?

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This is a lease where the term is for a specified length of time e.g. for a year. It will always have a start and an end date.

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Can a tenant give notice to terminate a lease before the term is finished?

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Yes, in terms of the Consumer Protection Act a tenant can give notice of at least 20 business days to terminate the agreement. A tenant must however take note that there might be penalties payable for early termination of a lease.

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On what date must the rent be paid?

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There is no specified date or rent to be paid. The date is agreed upon in the rental agreement. Some tenants are of the opinion that they have time till the 7th of each month to pay.

 

How much is the deposit that must be paid?

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There is no amount that is prescribed by law that must be paid. Common practise is that the amount is usually equal to at least the rental amount of 1 month.

 

Can the landlord use the deposit that was paid?

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No, the landlord is obliged to place the deposit in an interest bearing account, and the interest belongs to the tenant. The interest rate should be the same rate that financial institutions would be paying on a savings account.

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Should an inspection be done on the premises?

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Absolutely. Both at the time that the tenant takes occupation and also when vacating. The deposit that was paid can be used for damages that the tenant has caused during the term of the lease.

 

What about normal wear and tear to the premises?

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Landlords can not hold tenants responsible or the normal wear and tear to the property. Unfortunately this is a common practise, and tenants should know their rights in this regard.

 

What about disputes between landlords and tenants?

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The Rental Tribunal was specifically instituted to handle disputes between landlords and tenants. It is strongly advised that parties should make  use of these services. It is also permitted to make use of the Courts but that would usually be a more expensive exercise.

 

THE INFORMATION ABOVE IS VERY BASIC INFORMATION REGARDING RENTALS. PLEASE MAKE SURE THAT YOU HAVE A GOOD LEASE AGREEMENT IN PLACE.