and tenants when entering into a lease agreement, must ensure that they understand
and agree to certain essential requirements for a lease agreement to come into
must be agreement regarding the dwelling to be rented out, the rental amount,
when it is due and where and how it is payable (e.g., in cash, cheque, directly
to landlord; agent, or into a bank account).
These are formal legal arrangements and nothing
either party does willingly to assist the other, unless reduced to writing,
takes on any meaning in the event of a dispute
CASE STUDY 1
employed an agent to find a tenant, to ensure the written lease complied with
the legal requirements, and to handle the tenancy portfolio.
agent presented a prospective tenant who was considered a good tenant. The
landlord informed the tenant that since he was forced to relocate to another
province, and was burdened by relocation costs and bond repayment, he would be
grateful if the tenant could pay four month’s rentals in advance.
tenant obliged and an agreement was concluded. The relationship began to
deteriorate when the tenant was unable to pay the full rental and made demands
not allowed by their agreement.
landlord terminated the lease for arrear rentals.
The tenant was aggrieved at the fact that he
helped his landlord by giving him the advance rentals needed to alleviate his
predicament. Parties had obviously crossed their contractual boundaries.
CASE STUDY 2
another case, a 76 year old woman allowed a tenant to occupy a portion of her
property at a reasonable rental.
landlady became dependent on the tenant for simple chores and a good
relationship developed between them.
the landlady attempted to increase the rental after several years, the tenant
was unable to afford the increase and paid a negligible increase.
landlady due to her poor health and failing memory, accepted the rental, but
her children later decided that the tenant had to move out and served her with
a notice to vacate.
Here too the landlady and tenant had compromised
their contractual relationship.
Parties to a lease
must maintain boundaries and endeavour to fulfil their obligations. This must
not prevent them from ensuring a cordial relationship and to treat each other
with respect and dignity.
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