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A tenancy agreement protects both the landlords and tenants whereby there are terms and conditions that both parties must abide to during the rental period. This is to prevent any disputes from both parties.
When you sign a tenancy agreement, the tenants have an interest in the property giving them exclusive possession for a fixed period of a certain duration, usually in consideration of a payment termed 'rent'.
The essential features of the tenancy are as follows:
- Tenant has exclusive possession of the property.
- Tenancy runs for a certain or fixed period of time.
- Landlord’s rights are subject to the tenancy.
- Landlord has reversionary interest of the property upon termination of the tenancy.
1. The contract is still valid upon the signing of the Tenancy Agreement.
A landlord is bounded by the following covenants to a tenant:
1. Quiet enjoyment of the premises, which means tenant can enjoy the use of the premises without interference.
2. Non-derogation from the grant, landlord must observe all the terms granted to tenant.
3. Property must be fit for habitation at the start of the lease term;
4. Structure and facilities must be in good repair.
5. Good title. He is the owner and has the right to rent.
6. Pay property tax and quit rent if any
7. Exclusive possession of the premises for the fixed term, so long as the fixed term given has not expired.
8. If landlord has sold or transferred his interest, buyer or successor-in-title is bound to observe the terms of the lease granted
2. Under points 7 and 8 of the landlord's covenant, a landlord must return the security deposit.
3. There are a number of steps that you’ll need to take to evict a tenant that’s causing you problems. You will first need to issue an eviction notice to the tenant. A court order must be obtained to enforce the eviction notice. You must then apply for a writ of possession before you can evict the tenant.
4. Subletting is allowed in private properties.
In this case, the main tenant who holds a Work Permit signs a Tenancy Agreement with the landlord. In sub-letting, the master tenant relinquishes only some part of the leased property. The master tenant will still be responsible to the landlord in terms of his lease obligations and for what the subtenant does. The landlord does not have any legal privity with the subtenant except for giving approval for the sub-letting. The landlord will hold the master tenant responsible of any wrong doing of the sub-tenant.
Hope this answers your question.