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Can I withhold the rent if the Landlord does not maintain the property?

FAQ

A: No,

The landlord must maintain the property fit for the purpose for which it was let.

If the landlord fails to honour this obligation, you may demand in writing that he attend to the maintenance.

The maintenance in question must be a material breach by the landlord such as no water / electricity, a burst geyser or non-working oven. A material breach does not include missing internal keys, blown light etc.

If the landlord fails to remedy a material breach you should cancel the lease and vacate the property or take legal action.

If you withhold rent, you yourself are committing a material breach and the landlord can take the necessary action to collect the rent - cancellation of the lease, court order eviction or blacklisting on credit bureaux

Can I deny access to the Landlord or Estate Agent when they want to inspect the property?

FAQ

A: No, the landlord (estate agent) is entitled to inspect the property. But the inspection must be pre-arranged for a reasonable time. This is in accordance with the Rental Housing Act.

You may not unreasonable deny the landlord (estate agent) access to inspection. The landlord may not enter the property without your consent which consent you may not unreasonably withhold.

Can I cancel a lease agreement after I've paid for the deposit?

FAQ

It is important for tenants to understand the information contained in rental leases as prescribed in the Consumer Protection Act.

Q: I have just signed a rental lease and paid the required deposit. Less than 48 hours later, I found out that my work load will be reduced, as a result, will not be able to pay the monthly rental as per the lease. Can we get our deposit back as we have not yet moved into the property?

A: Marlon Shevelew, partner at Marlon Shevelew & Associates says assuming the lease was signed post the Consumer Protection Act, meaning after 1 April 2011, the tenant can cancel the lease on a five business days’ notice, if they entered the lease as a result of direct marketing.

If the signing of the lease was not as a result of direct marketing, there is no right of cancellation on such short notice.

At best, the tenant would have a right to cancel on 20 business days’ notice and subject to a reasonable cancellation fee. A deposit, says Shevelew, would be the minimal amount the landlord could retain as a penalty, if not more.

He adds that the rights of landlords and tenants are embodied in the Rental Housing Act and the Unfair Practise Regulations.

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