Tenancy agreement

Tenancy agreement

IT is that time of the year again when a number of families and individuals are engrossed in flat-hunting.

Renting can be a joy if you choose the right property, customer-focused real estate agent and you have read and understood the tenancy agreement. Sometimes it can be a nightmare if you rely on trust and marketing tactics used by the landlord or the real estate agent to sublet the premises.

Landlord-tenancy issue has remained among the top three complaints on the council’s complaint list over the years with tenants seeking advice and redress regarding their tenancy. In the past four years, the council recorded 3542 complaints related to landlord/tenancy.

These complaints ranged from high rent for flats/rooms with poor condition, blocked kitchen/toilet pipes, leaking roof, no tenancy agreements provided to the tenants, landlords giving tenants notice to vacate at the eleventh hour, closing of the main gates at a fixed time thus violating tenants’ right to move freely in and out of their rented premises, bond money not returned after vacating, no repair works carried out despite several requests, increasing rent although rent freeze order is in place, entering tenants flat without approval, not issuing receipts for rent paid, and landlord coming up with new rules among other issues.

The complaints received reflect that both, tenants and landlords are unaware of their respective rights and responsibilities. However, in some cases, there are unscrupulous landlords who have blatant disregard for fairness and justice. For instance, they keep collecting rent from the tenants but fail to fix a leaking roof or a blocked kitchen pipe. Another situation is that many tenants have no written agreement, hence, the landlord keep changing the rules.

The golden rule for the tenants is not to move into a premises without signing a tenancy agreement and inspecting the premises.

It is a good practice for a written tenancy agreement to include the following details: tenants name and landlord’s name; address of the property which is being let; the date the tenancy comes into effect; the amount of rent payable including the due date; who will be responsible for the upkeep of the compound; parking arrangement; gate keys; what is covered under wear and tear; and an explanation on shared utilities. The agreement could also state if the rent is inclusive of electricity and water use. The crucial bit is the length of the notice period which either party (tenant or landlord) can give to revoke the tenancy agreement.

Here’s more tips how you as a tenant can ensure your next renting experience is more hospitable than horrible:

* Do your research: spend plenty of time investigating the area you want to rent.

* Don’t rush: don’t be tempted to move in without inspecting the premises or signing the agreement. For instance, some tenants are so excited about moving in a new flat that they fail to check if the flat has windows or locks in the doors; they also end up signing the tenancy agreement without reading the terms/conditions.

* Take your time to inspect properties: Check everything carefully. Is the paint peeling, the fixtures are in good condition, what are the showers like? Are the door/windows in good condition? These can all be forgotten in the heat of the moment. Make a checklist to take with you when you go to view a property so that a thorough inspection is undertaken. Your decision to take the premises for rent should be based on the condition of the property and the rent of that property per month.

* Take a picture: In the first few days of moving in, take a note of all the problems you spot. Show the problem to the agent or landlord and also take pictures in their presence to avoid dispute when it comes to bond refund. There can be far-reaching implications, one being the tenant losing out on his/her bond money upon vacating the rented premises. Last thing a tenant wants is their bond being used for repairs when the problems pre-existed before the tenants moved in. Any aspect of the premises that was previously damaged or requires maintenance must be communicated in writing to the landlord or the agent.

* Rent: whether you are dealing with an agent or a landlord, it’s important to negotiate rent along with water and electricity bills before signing the agreement to ensure you are living within your means.

The Minister for Industry, Trade and Tourism, Faiyaz Koya, announced an extension of the rent freeze on residential properties and ground rents until December 31, 2016.

The rent freeze has been extended to ensure fair treatment of tenants. This also ensures that Government is fulfilling its obligation of providing access to affordable housing.