As the restrictions are gradually lifted, tenants and landlords will be left to sort out their legal relationships, in respect of the lease, due to loss of income or earnings on both sides.
The easiest way is an agreement between tenant and landlord, agreed on and documented as an addendum to the original lease. Failing this the parties will have to find legal advice or a mediator to resolve any disputes.
The process is easier if these basic steps are followed prior to signing a lease agreement;
- A prospective tenant should complete an application form, with a copy of I.D. and proof of current residence. The tenant’s application form must allow the landlord to check the tenant’s credit history. Proof of income, car registrations and referrals from previous landlords will help establish trust.
- An up to date and comprehensive lease is essential for both parties. If either party disagrees with a clause in the contract, you can change it with mutual agreement, sign and amend until both parties are satisfied.
- A documented property inspection by the tenant and landlord/agent is legally required. It’s difficult to prove/claim damages in court without proof. Judges/Magistrates/Tribunals tend to discount a “he said, she said”, argument.
- All correspondence regarding the let property between tenant and landlord, whether maintenance or complaint, should always be in writing, for the above reason. It’s difficult to prove a verbal statement.
- An outgoing inspection is as important to both parties as the entry inspection. The tenant has the right to the full and unfettered use of the rented property, the landlord has the right to collect due rent for the period of the lease, “fair wear and tear accepted”.
If you are unsure of your rights related to letting, contact a property professional.
Nic Campher
084 744 0144
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