It’s vital to follow crucial procedures to obtain the best tenant possible, such as previous landlord checks, employment checks and credit checks before a tenant’s application is accepted, says Samantha du Plessis of Faircape Leasing,
There are three credit bureaus generally in use in South Africa – Transunion, Experian and Tenant Profile Network. Running a credit check on all three systems is essential, as a default, judgment, notice and/or trace alert could show up on some of the credit checks and not on all three, so you wouldn’t get a true reflection of the tenant’s credit profile, she says.
“Once you have done all the necessary checks, and everything looks good on paper, the most important check that there is no written record of is how the person lives, or the personal habits of the tenant, which can lead to problems in the future.
“Landlords need to understand that when placing tenants in their property there is always the risk that the tenant could default in many ways. These include non-payment of rent, contravention of the body corporate rules, and not maintaining the apartment in the manner that it was given. To deal with any default there are legal procedures that need to be followed, and if these aren’t followed correctly, this could be in the tenant’s favour.”
At present all residential evictions are regulated by the Prevention of Illegal Eviction from and Unlawful Occupation of Land act of 1998, known as the PIE Act.
Marlon Shevelew, a well established eviction attorney, who has much experience with evictions and works closely with the Rental Housing Tribunal, says the secret to a successful eviction is to ensure that the appropriate letter of demand and cancellation (in accordance with the lease agreement) have been sent by the time the eviction application is brought, as this serves as the basis upon which an eviction application is brought.
“To lawfully evict a tenant, the court must grant an order for the eviction of the unlawful occupier wherein it determines a just and equitable date on which the unlawful occupier must vacate the premises. It also specifies the date on which the eviction order may be carried out if the unlawful occupier has not vacated the premises on the vacation date specified,” says Shevelew.
“Since there is entrenched constitutional protection in place, the courts will always balance all relevant circumstances before granting an eviction order. The importance of following the correct procedures from the inception of the first letter sent to the tenant cannot be stressed enough. Not only does the landlord or property manager have to ensure that there is compliance with the Rental Housing Act, but they must be alive to all circumstances of the tenant which may play a part in ensuring an expedited or alternatively a protracted eviction process.”
Shevelew and du Plessis say that if a tenant has defaulted it is advisable to start legal proceedings sooner rather than later.
“You can be assured that the tenant will make promises or excuses, but in most cases this is a delay tactic. Most landlords would prefer tenants who have defaulted to leave as soon as possible, so the landlord can find a new tenant as soon as possible to minimise loss of income.
“And most landlords would agree that property has always been a good investment, so when you have good tenants, hold onto them,” they say.
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How is the new consumer protection act affecting the landlord -tenant relationship?
Is it going to to protect the tenant or the landlord and how?
Hi Vladi,
Thanks for your email. Important question you asked. I will write an article about this shortly. The main impact for landlords is when using an agent.
If a landlord lets his property privately there just minor issues and amendments required to your lease.
If a landlord uses an agent, this will require major changes in how business is conducted.
Sorry I can’t be more helpful at the moment.
Michael
Have you now published that article regarding a landlord using an agent to lease their property. I feel seriously agrieved in the way an agency handled my business. Thanks.
Dear Sir/Madam
Our tenant renting our lodge for a period of 24 months (herself an attorney) has violated almost the enitre agreement from the start, amongst others, of course, not paying timely (despite several written and verbal requests (including recorded sms’s, emails,etc) – except for the first month, September 2011 = full payment and full deposit received;; October: 50%; November: 60%; December = none) (due date of payment is 1st of every month). Consequently, on 2 December 2011 the agreement was legally cancelled by our attorneys and the tenanant ordered to vacate on 3 December 2011 at 12h00. She however refuses to accept the cancellation of rental agreement and is still on the premises running her business illegally(?). What are we about to do? She has caused considerable damage to the property which makes the premises in several ways unsafe for the public, including causing the fire-prevention system to be not in a sufficent working order (exhausting the onderground bore hole despite sound advise and even training of her employees how to operate the water sources on the premises responsibly). She even acts after the cancellation of agreemnet as if she still has all rigths as a tenant, restricting, for instance, the Lessor (owers) to visit the premises at any time of their choice (becasues the agreement is already canceled) to carryng out necessary inspection and maintenance, preventing further damage. Please advise. Can we instruct her o vacate immediatlely without a court order, or do we have to follow the long way of going to court, which we intend to do when the courts iopen again mid-January. Is there a possibility for us as Lessor/Owner to apply directy to the Master of Courts (or wherever?) for immediate eviction/vacating of the tenant and what is the cost involved in this? Last question: Is there such a thing that by canceelation of a rental agreement a new Lessor-Lessee relationship (agreement) by common law (“gemenreg”) commences? Thanks for you kind though urgent attention. Eddie Davey 083 442 5933