Imbalances of property ownership

HE Prevention of Illegal Evictions from and Unlawful Occupation of Land Act 19 of 1998 (PIE) has afforded tenants substantial rights and protections.

It is clear that the Constitutional Court, in response to whose decision PIE was enacted, was concerned about the rights of the tenants and attempted to address the imbalance in property ownership that existed in our country.

Although this act has been welcomed by tenants, it has created substantial hardship for those who could not ordinarily buy property unless they factored in the income received from tenants.

It is this type of landlord that we seek to assist.

Errant tenants create substantial hardship for these landlords, who cannot afford legal fees.

Then there is a category of landlords, who make life inordinately difficult for tenants who reside on their property and unless the tenant is aware of their rights, their life is made extremely difficult.

Landlord-tenant housing contracts have become complicated and are a source of immense stress and worry for ordinary home-owners and tenants.

The contract between a landlord and tenant is called a lease.

The lessor is generally the owner of the property and the lessee is the tenant.

Although verbal lease agreements are binding, it is preferable to have a written agreement to remove the misunderstanding, misinterpretation and uncertainty between the parties.

A lease agreement creates rights and obligations (duties) for both the landlord and the tenant.

The landlord’s duties are as follows:

The landlord must ensure that the property leased is in good condition and habitable.

The premises is cleaned thoroughly before the tenant moves in and that the previous tenants have completely vacated the premises.

The tenant is allowed uninterrupted use of the premises as per the lease agreement.

All the windows and doors lock and close properly to ensure the safety of the tenant.

If required by the lease, the landlord must maintain the property during the term of the lease, to replace and, or repair things such as light fittings, air conditioners, etc.

The landlord is not permitted to increase the rental unless provided for in the lease agreement.

Must furnish the tenant with a copy of the signed lease agreement.

Must issue a receipt for each payment received.

The duties of the tenant are as follows:

The tenant is required to pay a deposit as provided for in the lease agreement.

Make full payment of the rental (on time) in terms of the lease.

Is required to take care of the property and not abuse it and to ensure the property is kept in the same condition it was in when he took occupation.

The tenant is required to conduct a joint inspection with the landlord before moving into the premises as well as before vacating the premises.

Must ensure that the tenant or other occupiers do not cause any damage to the property and must repair any damages caused within a reasonable time.

These are some of the essential duties that must be incorporated into a lease agreement. In subsequent articles, I will address how legal disputes between landlord and tenants may be resolved and the forums that parties may approach for assistance.

TYMARA SAMUEL Candidate attorney, Siven

Samuel & Associates.