The importance clarity and collaboration in rental relationships
Rental agreements serve as the bedrock of healthy landlord-tenant relationships, ensuring smooth transactions and clear expectations. Even with rock solid agreements in place, however, misunderstandings are common occurrences. In these situations, it can be very tempting to lay blame at the door of the managing agents.
Roger Lotz, franchisee for the Rawson Properties Helderberg Group, elaborates on these issues and the importance of mutual understanding and diligent contract adherence by investors and tenants alike.
The Critical Role of Lease Agreements
A lease agreement is not just a formality; it's a vital document that sets clear instructions and expectations for the rental period. According to Lotz, understanding the terms of the lease can prevent many common disputes from arising.
Here are some of the key elements to focus on:
- Maintenance Responsibilities: These should clearly outline who is responsible for what. This can range from minor repairs to major maintenance tasks.
- Payment Terms: These should specify due dates, acceptable payment methods, and penalties for late payments.
- Inspection Protocols: These should define how and when property inspections will take place, and the procedures for addressing any issues found.
Education and proactivity: keys to success
"At Rawson Properties, we place significant emphasis on training our agents to go through the lease agreement with both parties, very thoroughly," says Lotz. "We find this proactive approach helps set the right expectations from the beginning and minimises the likelihood of misunderstandings, making for a smoother rental experience."
During the contract review period, Lotz says both parties should take the time to read and understand the contract thoroughly before signing. He also points out that specific conditions can be added, removed or amended by mutual consent, tailoring the agreement to the particular needs of both parties to prevent future disputes.
"Let's also not forget the importance of thorough tenant screening and informed tenant selection," says Lotz. "Placing the right person in the right property contributes massively to your chances of enjoying a straightforward and mutually beneficial rental relationship."
Collaboration and communication
When problems do arise, as they inevitably will, Lotz says a collaborative approach to resolving them can make all the difference. Instead of seeing the agent as an adversary, he urges landlords and tenants to view them as partners in finding a solution.
"We're all in this together, and we all want to see problems resolved as quickly and amicably as possible," he says. "If we all play our part, communicate clearly, and accept our responsibilities as outlined in the lease agreement, issues can be addressed far faster - and often more cost-effectively."
The Bottom Line
In the end, the success of a rental relationship hinges on clarity, understanding, and cooperation. Agents play a crucial role in facilitating this, but they cannot carry the entire burden. Investors and tenants alike must take responsibility for their parts, ensuring they are fully aware of and adhere to the terms of their agreements.
Lotz goes on to explain that Rawson rental agents, in particular, strive to provide a world class service to their clients, investing in numerous value-adding (and non-income-generating) roles. "It's crucial that investors and tenants realise that as much as our agents do for them, there are still certain responsibilities that are theirs and theirs alone," he says.
"Remember, a well-understood lease agreement is not just a piece of paper-it's the foundation of a positive and productive rental experience for all involved," says Lotz. "By taking the time to read, understand, and discuss this document, landlords and tenants can avoid many of the common pitfalls and enjoy a smoother, more enjoyable rental journey."
READ: Landlords: A guide to finding the ideal rental candidates
Additional information:
According to the Department of Human Settlements, a Rental Housing Tribunal has the authority to deal with disputes, complaints or problems between tenants and landlords in the rental housing dwellings:
- Non-payment of rentals
- Failure to refund the deposit
- Invasion of tenant's privacy, including family members and visitors
- Unlawful seizure of tenant's goods
- Discrimination by landlord against prospective tenants
- The changing of locks
- Lack of maintenance and repairs
- Illegal evictions
- Illegal lockout or illegal disconnection of services
- Damage to property
- Demolition and conversion
- Forced entry
- House rules
- Intimidation
- Issuing of receipts
- Municipal services
- Nuisance
- Overcrowding and health matters
In terms of section 13(13) of the Rental Housing Act 50 of 1999, a ruling of the Tribunal is deemed to be an order of a Magistrate's Court in terms of the Magistrate's Court Act, 1994.
08 Jul 2024
Author Property24