select
|

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
  
2000
Characters remaining


    Latest Property News
    • 17 Nov 2017
      FWJK has announced the launch of its latest residential brand, the Lil’ Apple, which will be launched simultaneously in two developments in Cape Town and Umhlanga totaling 600 apartments. The Lil’ Apple is set to be a brand of FWJK’s New York style apartments which will be rolled out nationally.
    • 17 Nov 2017
      It’s been a tumultuous year on many fronts, with socio-political uncertainty setting the tone for much of South Africa’s economic activity yet despite this and seemingly counter-intuitively, the residential property market has held up well.
    • 17 Nov 2017
      The EAAB (the Estate Agency Affairs Board) recently claimed that around 50,000 illegal estate agents could currently be operating illegally.
    • 16 Nov 2017
      Penthouses are synonymous with New York – characterised by high-rise living that is decidedly luxurious and spacious. While exclusivity comes at a price, you can still create a “penthouse” look and feel in your existing apartment or even the upstairs bedroom of a double storey house with some clever design changes and styling touches.
    • 16 Nov 2017
      The area has long been popular with kite surfers and, with escalating property prices in Cape Town itself, is increasingly in demand with home owners who work in town, but are looking to invest in more affordable properties.
    • 16 Nov 2017
      Cape Town’s popularity as a world-class tourist destination has resulted in a spike in the number of homes available for holiday lets and fuelled investor demand for sectional title units with short term rental potential.
    • 15 Nov 2017
      Sappi, one of South Africa’s oldest global companies and a leading global supplier of sustainable woodfibre products, has moved its global and regional headquarters to a new site on the corner of Oxford and 14th Avenue in Rosebank.
    • 15 Nov 2017
      There’s an old saying in real estate that you should seek to make a profit when you buy, not only when you sell – and a large part of succeeding at that endeavour is buying a home in an area with desirable features that will enhance the resale value of your property.
        
    X
    Subscribe to the MyProperty Newsletter

    Name  
    Last Name  
    Email Address  
    Email Frequency
    select
    X
    Share this Page

       
    For Sale Property
    Rental Property
    More Options
    About
    Connect with us
    FEEDBACK