ABCs of leasing your property

FUNGAI CHIMWAMUROMBE AND SIMBARASHE MUKWEKWEZEKE

It is becoming increasingly common for tenants to cause landlords problems which often include non-payment of rentals and extensive damage to the leased property itself.

The first important step is in ensuring that parties have a written lease which covers the full details of the tenant’s occupation of the property.

This is particularly important because it act as a reference point if ever there is a dispute and empowers the landlord to approach a court of law regarding the issues that arise as opposed to the rent board which is often overwhelmed with cases and slow.

In addition to having a lease at the beginning of the tenancy it also equally important all renewals are done in writing to avoid the tenant’s occupancy being without a lease and them becoming a statutory tenant.

A statutory tenant is basically a tenant whose continues to occupy a property after the expiry of their lease and or without one which results in the provisions of the law becoming the default for their occupation. Where the lease is with a company it further becomes prudent to have the directors of the company sign surety for the company’s failure to perform under the lease as often people abuse the separate legal existence  of companies  and collection of arrears Is hampered by the company having no assets.

A good lease will provide for even payment of interest on arears and legal fees.

The secondary step is to ensure that a landlord does due diligence on their tenant to ensure they not only afford the property they intend to lease but also their history. It can be understood that given the informal nature of our economy it may be difficult to request a pay slip from all prospective tenants but this should not stop a landlord from requesting a tenant fully prove they can afford the property they wish to lease. In addition to affordability it is important to call all the references of the tenant to ensure that their history is that of being a good tenant as most future problems can be avoided on this area alone.

A security deposit is also helpful in protecting the landlord in event of damage and arrears.

When satisfied with a prospective tenant a full joint inspection must be done for the property and a signed declaration should be drawn up as to the condition of the property at the beginning of the tenancy so as to avoid disputes when damage to the leased property is alleged. In the age of technology, professional videos can even assist the parties.

It is also prudent to make inspection of the property( on notice) to ensure that any and all damage, subletting and all prohibited conduct is detected early.

Before leasing a property to anyone it is important to take these crucial measures in insuring you are protected.

Fungai Chimwamurombe is a registered legal practitioner and Senior Partner at Zenas Legal Practice and can be contacted at fungai@ zenaslegalpractice.com 

Simbarashe Mukwekwezeke is a registered legal Practitioner and a Senior Associate at Chimwamurombe legal  Practice and can be contacted at simbarashe@zenaslegalpractice.com.