Landlords and tenants: Alert level 1 and the new eviction rules
The flood of lockdown lay-offs and salary reductions has left many tenants struggling to find rent money, and their landlords wondering how to cover their bond repayments and other expenses. Whether you are a landlord or a tenant (note that we are talking here only about residential leases) you need to be aware of the […]
Landlord v tenant – Consider the tribunal dispute resolution option
“Agree, for the law is costly” (Marcus Tullius Cicero, Roman lawyer and statesman) We all know how easy it is for misunderstandings and disputes to arise between landlords and tenants, and whilst most can be resolved with a bit of open communication and negotiation, sometimes independent intervention is needed. Enter the Rental Housing Tribunal, which […]
Sellers and Landlords: Using an unregistered Estate Agent
With media reports suggesting that up to 50,000 agents may be operating without the required Fidelity Fund Certificate (FFC). The real figure is likely to be a lot less in that many former agents have probably just closed up shop in the last 10 years, but even so there is a chance that the agent […]
THE RENTAL HOUSING TRIBUNAL: I HAVE A COMPLAINT AGAINST MY LANDLORD / TENANT
Formed in 2001, the tribunal is comprised of five members (including a chair and vice chairperson) appointed by the Provincial Minister of Human Settlements, who each have expertise in property management, housing development and consumer matters pertaining to rental housing. The tribunal seeks to: Harmonise relationships between landlords and tenants in the rental housing sector. […]
BAD TENANTS: CAN YOU LOCK THEM OUT?
“I’ll answer him by law” (Shakespeare) It’s very tempting, when you have a bad tenant who doesn’t pay his/her rentals or otherwise remains consistently and unapologetically in breach of the lease, to slap the biggest and strongest padlock you can find onto the front door/driveway gate. Don’t do it! By taking the law into your […]
LANDLORDS: CAN YOU SWITCH OFF YOUR DEFAULTING TENANT’S LIGHTS?
Your tenant isn’t paying rent and refuses to move out – can you turn the electricity off? First – commercial or residential? The judgment discussed in this article relates to a commercial occupier and as is noted below, residential occupiers enjoy additional protections to commercial occupants. There will no doubt be much debate in legal […]
LANDLORDS: MANAGING YOUR TENANT’S LIQUIDATION
In these hard times, you may well be faced with a situation where your tenant is liquidated (“sequestrated” in the case of an individual or trust, “liquidated” or “wound up” in the case of a company). If that happens, what are your rights and how do you manage them? A recent Supreme Court of Appeal […]