Your Rights as a Tenant

Who is a tenant?

A tenant is a person who pays a sum of money to have the right to occupy or use a property for a period of time.

Being a tenant is a matter of choice; there are certain actions that may not be accepted by the property owner.

Although the law protects both the landlord's and tenant's interests equally, it is the responsibility of both parties to reach an agreement and ensure a cordial relationship.

Let’s discuss some of your rights as a tenant

 

Right to access the tenancy agreement: the tenant has the right to request a preview of the tenancy agreement to know what they are getting into. Pay attention to the different clauses, note the payments and tenancy period, and ask whether reconsideration is possible in some cases.

For example, if a tenancy agreement states that pets are not allowed, it is okay to negotiate that your pet will be kept inside your house and always accompanied when you go out with it, as long as you stand by your word.

 

Right to a compulsory seven-day notice to recover possession: the tenant must be issued a seven-day notice to quit the property. In most cases, this happens when a tenant has defaulted, and a final decision has been made.

 

Right to peaceful enjoyment: as a tenant, you have the right to use the property without unnecessary interference and disturbance. Notice must be given when a routine inspection is needed by the property owner or management.

 

Right to a clearly written six months' notice to quit: when there is a need to reclaim possession by the property owner, the tenant has the right to be informed in writing, to aid preparation and get an alternative place.

 

Right to issuance of a payment receipt: after all due diligence has been done and payment made, the tenant needs to request a receipt if not given; it is your evidence of owning a right to occupy the property, and you get to be certain that there are no shady deals associated with the transaction.

 

Right to use the property strictly for the purpose it was given: there are situations where clients rent a property for residential purposes but turn it into a special use, such as religious or some commercial uses, leading to disturbance of neighbours or the entire neighbourhood.

An act of this kind will draw the attention of the authorities, such as development control and others, which could make the property owner frown at any tenant.

 

Right to make physical improvements: I recall some years back, a client paid for a block of flats after a joint inspection. All documents were prepared, delivered, signed and retrieved. About two weeks later, we received a call asking for a replacement of the cabinets.

It sounded funny because the tenant saw the house and accepted it at first, which led us to an agreement. We made our client understand that the price reflected the standard of the house.

However, it can be improved to his taste on the condition that it is returned to its previous state without further damage or left in the new position. This brings us to the point that a tenant can enhance the standard of a property, but should discuss with the property owner first, to know if they will get a refund or not.  

 

Conclusion: Occupying a rented property happens for diverse reasons; location is a major factor that makes renting a top choice in most cases. Following rules, good communication and understanding are mostly required for every relationship.

As a tenant, knowing your rights is important as establishing a cordial relationship by doing your part and staying away from avoidable disputes due to some act of default. It is best to consult a lawyer when you have any doubt about your rights as a tenant.