Whether you are a landlord or a tenant you need to know legally where you stand.
This article will deal with a basic understanding of our law.
There are two types of law which govern this area of the law-:
Common Law- This means judgments in Courts which need to be followed and create precedent
And
Legislation various acts passed by parliament.
If there is a conflict between common law and legislation the legislation stands.
Acts which deal with landlord and tenant are –
The rental housing act. – non compliance can mean fines, liability for damages
Consumer Protection act- this act can protect tenants
Prevention of illegal eviction and unlawful occupation of property act- This only applies to residential properties and is applicable when wanting to evict a tenant.
Most parties enter into a written lease and the terms of the lease will stand unless it conflicts with the sections of the acts mentioned above.
All tenants should be screened you can get a report from the TPN credit bureau which gives access to the tenant’s rental history and then a credit bureau check.
There must be an inspection of the premises by landlord and tenant. Photographs should be taken to prevent arguments later. Any defects must be listed. When leaving again there must be an inspection.
The rental deposit- In the lease a tenant must insist on interest on their deposit and strict terms of repayment. One understands the need for a landlord to have a deposit but more often than not there is a problem recovering the deposit.