The Rights Of Landlords & Tenants
Very quickly let's talk about tenancy rights, that is, the rights of landlords & the rights of tenants.
Landlord's rights:
1) the right to be paid rent,
2) the right to recover his property at the end of the tenancy,
3) the right to have his property maintained in good condition by the tenant,
4) the right to have the tenant pay bills & rates imposed on the property such as electricity bill, water bill etc,
5) the right of protection of his title of ownership from being challenged by the tenant,
6) the right of protection of the rented property from being altered without his consent,
7) the right to inspect the rented property upon giving reasonable notice,
8) the right to protect his reversionary interest in the property,
9) the right to have the tenant abide by the terms & conditions of the tenancy.
Tenant's rights:
1) the right to quiet & peaceful enjoyment of the property without disturbance even from the landlord,
2) the right to have an agreement as to the terms & conditions of the tenancy, whether oral or written,
3) the right to be rented a house that is fit for habitation,
4) the right to be evicted only in accordance with the law,
5) the right to a valid quit notice & notice of owner's intention to recover possession,
6) the right to be informed of any variation in the terms of the tenancy for e.g the right to be informed of increments in rent,
7) the right to be given a receipt upon payment of rent,
8) the right to protect his possession against trespassers,
9) the right to have the landlord abide by the terms & conditions of the tenancy.
Before we conclude, let me just drop this hint that the best way for both the landlord & the tenant to protect their rights & interests is to have an agreement which will contain in details the terms & conditions agreed upon by both parties. In the absence of such express agreement, the consequence is that the law will imply certain terms you would ordinarily not have wanted & you will be bound by those terms even if they are detrimental to you, whether you like it or not. For instance, if you do not have an agreement of your own which will state the length of notice required to terminate the tenancy, the law may compel you to give a notice as long as 6months which would give a mischievous tenant enough time to "deal with you & your house!" With a valid agreement you can also include really great additional terms like: insuring the property, determining who effects repairs & the kind of repairs to be effected etc.
So spare yourself the stress & unpleasantness by getting a lawyer to prepare a suitable agreement for you & manage your tenancy relationship in general.
#KYR

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