Laws of Eve - Landlords' protection

No one can deny that the provisions of the Rent Restriction act are skewed in favour of tenants. One may even say that the act leaves landlords vulnerable to abuse by tenants.

Isn't it time to re-examine the provisions of that statute and try to level the playing field between landlords and tenants?

Until that time comes, there are some steps landlords can take to minimise incidents of delinquency by tenants, and to arm themselves with the necessary information to recover possession of their property. Below are 10 points to note:

1.Obtain legal advice to draft a formal rental or lease agreement outlining the rights and obligations of the landlord and the tenant.

2.Ensure that you have a rent-receipt book to keep track of rental payments.

3.Familiarise yourself with the provisions of the Rent Restriction Act, especially with regard to the steps you are required to take to end a tenancy.

4.When breaches of a tenancy occur, do not delay bringing the breach to the attention of the tenant. Where the breach is non-payment of rent, do not wait for several months' rent to accumulate before taking steps to sue for the outstanding amounts, or bringing the tenancy to an end.

5.Ensure that the notice to quit is properly drafted to include the appropriate period of notice and the reason for requiring possession, as required by the provisions of the Rent Restriction Act. Failure to do so, could cause the notice to become void.

6.The notice to quit should be properly served; and it may be useful to have a witness present when service is effected.

7.The details of the date, time, method of service and the name of the person to whom the notice is delivered, should be carefully recorded.

8.Where the reason for the notice is unpaid rent, the collection of rent before the notice period expires will cause the notice to cease to have effect.

9.The fact that the time period in a notice to quit has expired, does not mean that the landlord is immediately entitled to possession of the property. A court order is needed.

10.Where possible, make an application for an exemption certificate, so that the rental of the premises will not be governed by the provisions of the Rent Restriction Act.

In next week's article, I will outline the steps which must be followed to obtain an order for recovery of possession and evict a tenant.

Sherry Ann McGregor is a Partner and Mediator in the firm of Nunes, Scholefield, DeLeon & Co. Please send your comments and questions to lawsofeve@yahoo.com or Lifestyle@gleanerjm.com