Rental disputes can be avoided

Many of the cases seen at the Rental Housing Tribunal concern landlords who believe their properties have been damaged and want to claim from their tenants through security deposits.

However, to succeed landlords have to prove absolutely that the tenants are in the wrong, says Annette Evans, regional general manager of the Institute of Estate Agents, Western Cape.

“Landlords and managing agents must remember that when new tenants are moving into rented premises the incoming and outgoing inspections must be done as early as possible, and these should be backed up by photographs of each room or items of interest,” she says.

“Landlord won’t be able to claim for future damages from the deposit without proof of the original state the property was in. It has to be remembered that whatever law gives the greatest protection to the tenant at present is the law that stands, and if the landlord cannot prove damage done to the property there is little chance of legally claiming money from the tenant.”

She says the ingoing inspection should be done before the keys are handed over and if tenants find any fault with any part of the rented property, they should report this so that it can be noted and possible repairs carried out before or as soon as possible after occupation. Digital photos of units can easily be stored with copies of the lease, so this should be kept by the managing agent, for future reference.

There should also be regular inspections during the lease period, so that any faults can be reported and damage can be picked up. Regular contact between the agent, landlord and tenant, should minimise the chances of problems arising or not being picked up. Regular contact is important, so that landlords are reassured that their properties are being looked after properly, says Evans.

“Outgoing inspections should be carried out a couple of weeks before tenants are due to vacate rented properties, as this gives them enough time to remedy problems before moving out. The last walkthrough on the day of departure could possibly include the landlord being present so that everything can be discussed with all parties present.

“Although all these steps seem simple, there are still cases where inspections have not been done or there are discrepancies as to what has been damaged and what was in bad condition originally. Following all the above steps helps eliminate the chance of dispute – from tenants’ and landlords’ point of view,” says Evans.

  Comment on this Article

  Please login to post comments

Post to my facebook wall
Characters remaining

    Latest Property News
    • 25 Apr 2018
      Whether you are a seasoned seller or new to the game, putting your home on the market is an exciting moment. To ensure you get the best possible outcome these 8 value adding additions to your home is worth the effort.
    • 25 Apr 2018
      After four years of unprecedented growth fuelled by semigration, the Southern suburbs market faced a number of challenges in 2017, including dwindling affordability and a marked slowing in house price growth with many sellers forced to lower their prices in order to secure a sale.
    • 25 Apr 2018
      Mall of Africa, is celebrating its second year of sensational success. This splendid super-regional shopping centre first opened on 28 April 2016, and has grown in popularity, performance and profile since then.
    • 25 Apr 2018
      While the role of trustee in a sectional title scheme is a voluntary and unpaid position, it is one that comes with huge responsibility. Trustees have a fiduciary duty towards their scheme, says Chinelle Hewit, Operations Manager at sectional title finance company Propell.
    • 24 Apr 2018
      The thing about the property ladder is that at some point in our lives we all have reason to want to climb a rung or two higher. Sometimes, it’s because we’ve outgrown our previous dream home, or because we want to be in a better neighbourhood that’s closer to work or to schools. Sometimes it’s because our circumstances have changed, and we’re taking care of elderly parents or relatives. Sometimes, it’s just because we want a property that reflects the financial status our hard work has won.
    • 20 Apr 2018
      Whenever changes in the political ecosystem of a traditional property market create uncertainty, smart investors begin to look elsewhere for new opportunities. Property experts at IP Global have analysed the trends and crunched the numbers to find new markets to explore in Europe and the United States.
    • 20 Apr 2018
      Energy and water self-sufficiency are increasingly important factors in home buyers’ choice of property – especially in Cape Town where the extreme drought of the past few years has made municipal supply costly as well as uncertain.
    • 19 Apr 2018
      During the last decade, rampant development has progressively transformed Cape Town’s property landscape with densification being the order of the day, but there are still one or two hidden gems like Scarborough which have retained their original character, offering an inimitable lifestyle and an attractive investment opportunity.
    Subscribe to the MyProperty Newsletter

    Last Name  
    Email Address  
    Email Frequency
    Share this Page

    For Sale Property
    Rental Property
    More Options
    Connect with us