How To Avoid Tenancy Disputes While Managing Your Rental Property

When deciding to manage your rental property as a Landlord, ask yourself: What do I have to do? What are my responsibilities, liabilities, and what can I leave well alone?

Clarity

There is no denying that it can be a real pain for tenants and landlords alike when arguments aarise bout who is responsible for what. It is almost inevitable that, sooner or later, during a tenancy agreement, there will be some dispute either about the property or failure to comply with the tenancy requirements. Hence, it is in everyone’s interest to do something about that.

In this property blog, we will look at :

• Disputes with examples
• Responsibilities
• Property Care

By getting to grips with the scope of your duties, you can prevent these disputes from arising in the first place and ensure everything is crystal clear before the tenants even move in. Again, it is in everyone’s best interests to do this.

What Causes Disputes?

Landlord-tenant disputes typically arise from either a lack of knowledge of the requirements and who is responsible for what, or a blatant disregard for upholding their end of the deal, i.e., the legal requirements of the tenancy agreement.

Neither is excusable. Both parties, i.e., the tenant and the landlord, need to understand and agree to their respective sides of the bargain. For example, the tenant agrees to pay the weekly rent on time. The landlord agrees to ensure the property is of equal or better quality than at the signing of the tenancy agreement.

Tenants want a liveable property, and landlords want the rental income. Therefore, it is a synergistic relationship in which both parties are motivated to uphold their respective obligations under the tenancy agreement.

Examples

Tenancy disputes may also occur when one of the parties deliberately flouts rules or obligations. Sadly, this is pretty common for a number of reasons.

Example 1

The landlord knows the spouting is leaking and that ice is forming in the courtyard, but he puts off fixing it to avoid the expense. The landlord knows the work needs to be done, but is delaying it until funds come in, or it’s closer to the end of the financial year, when he may be due a tax refund that can be used to fix the spouting.

Example 2

Another example is: the tenant knows not to smoke inside, but it’s winter, too cold and wet to smoke outside, so he smokes inside and hopes he doesn’t get caught. It may work for a while; however, it could become an issue when it comes time to renew the tenancy.

Solutions

Tenants and landlords should prepare well to meet their requirements.

The tenant invests in a warm, waterproof coat for smoke breaks outside.

The landlord, knowing maintenance cannot be put off until it suits his needs, must make sure he has funds for it, whatever it may be. In this example, the landlord’s use of gritting salt to de-ice the courtyard doesn’t stop the ice from forming as water drips from the broken spouting. The tenant knows this, so the resolution is to fix the spouting.

Disputes often arise from either party not wanting to incur extra costs; bitterness and resentment can raise their ugly head when money is involved. And this is even more so when the costs involved are significantly higher. For example, if the washing machine breaks down, who is responsible for getting it fixed or replaced? Unless the washing machine is listed as chattel supplied for the tenant’s use in the tenancy agreement, it’s the tenant’s responsibility to get it fixed.

Responsibilities

So, what are your primary responsibilities as a landlord? At the top of the list is the provision of a dwelling or home that is fit for use. The laws of your local jurisdiction will also influence what this entails. For example, your property will need to be insulated, dry, and have a working heating source—doors that lock, and maybe windows with safety anti-theft latches, too.

Tenants usually agree to some elements of property care if they’re required, including:

• housekeeping to prevent deterioration of fixtures and fittings
• lawn mowing and garden care
• security-mindedness, lock doors, close windows

Wear and Tear

General wear and tear is allowed and accounted for in tenancy agreements. There is an acceptable amount of wear and tear due to the widespread use of the property, its fittings, and fixtures. If the property is fully furnished and comes with appliances and other household items, these too will be mentioned in the tenancy lease and covered by the wear and tear clause.

Warranty of Habitability

A warranty of habitability confirms the property is fit to live in. But what does that cover? As mentioned, some things are the tenant’s responsibility, but the landlord must provide a habitable property before the tenant moves in.

A landlord must comply with local health and building codes. There certainly cannot be anything about the property that would endanger health. Additionally, the property must be weather-protected. Damage resulting from external conditions is always the landlord’s responsibility. For example, it is never the tenant’s responsibility to fix a leaky roof or a broken window.

Naturally, a tenant will pay for the heating, water, and electricity, either as part of the rent or through bills.

Nevertheless, the quality of the infrastructure (radiators, boilers, etc.) that provides these utilities is the landlord’s responsibility, and the landlord must also handle any necessary repairs.

Crime and Safety

The actions of criminals are not the responsibility of either the landlord or the tenant, but their effects on the property are the landlord’s responsibility. Typically, this involves providing sturdy locks and installing lights in dark areas around the building.

However, negligence in these areas that ultimately leads to a criminal incursion could result in the landlord facing the consequences. It is also essential that a landlord ensure the tenants themselves are not criminals. This is why you should always perform a criminal record or background check on potential tenants.

Property Maintenace

Setting out the specific responsibilities for maintaining a property can be something of a challenging task. Indeed, the property should be liveable when tenants move in, but natural wear and tear after that is a more complicated matter.

Generally speaking, cosmetic issues that do not endanger health and safety – for example, replacing a worn carpet – are not necessarily anyone’s responsibility. However, if a property becomes run-down due to these issues, it is likely to be treated with less respect by tenants and to deteriorate even further – and faster. Therefore, it is in your best interest to address these issues as a landlord.

Repairs are another matter, and failing to address issues that render the property uninhabitable, through no fault of the tenant, could give them the right to withhold rent or seek legal redress. Again, the best course of action is to research local laws thoroughly and ensure that the tenant and landlord are on the same page from the outset of the lease.

In conclusion, knowing what you have to do and what you don’t is a complicated business for being a landlord. Therefore, it is vital to gather the necessary knowledge in advance and share it with the tenant in detail.