Renting a property can often lead to disputes between landlords and tenants, ranging from issues of non-payment of the rent to disagreements over maintenance, noise, municipal charges and overcrowding.
Consequently, says Andrew Schaefer, MD of leading property management company Trafalgar, it is best to be proactive when it comes to preventing disputes if at all possible, and being prepared to manage them effectively if they do arise.
“We find that the most frequent disputes between landlords and tenants typically revolve around non-payment of rent, issues with municipal charges, noise complaints, property maintenance, and overcrowding,” he says, “but with the right approach, they can be avoided altogether or swiftly resolved.
“And the real key to preventing most disputes is a well-structured, detailed lease agreement that clearly outlines the responsibilities of both parties and anticipates solutions to the problems that commonly occur. It is also essential that landlords or their agents take the time to explain this document thoroughly before asking tenants to sign it, rather than simply emailing it for quick signatures.”
Schaefer says that setting clear expectations upfront and maintaining open, regular communication throughout the tenancy are also important to prevent misunderstandings from escalating into conflicts. “Where there is honesty and trust in the relationship between the landlord and tenant, most issues can be amicably resolved, especially if there is a professional managing agent involved to facilitate the discussion.
“Prepaid meters for utilities such as water and electricity are also most useful in preventing disputes over usage and billing, as they provide transparency and accountability for both the landlord and tenant.”
When a dispute does arise, he says, landlords and managing agents need to handle the situation calmly and professionally. “The first step should always be to consult the lease agreement. If the issue is not explicitly covered, fairness and reasonableness should guide the response, with both parties working towards a quick resolution.
“From the tenant’s point of view, it is important to remember that renting a property is a business arrangement/ legal contract so you should try never to allow it to become personal. This is why it is a good idea to always rent through a professional rental agency like Trafalgar. It really helps to have a neutral third party on hand who can look at things objectively.
“In cases where disputes are verbal, it is also crucial to follow up with written documentation. A detailed email or letter outlining the issue, relevant conversations, and any actions taken can help avoid miscommunication and ensure both parties are on the same page.”
Schaefer says that if all their efforts to resolve a dispute do fail, landlords or tenants can escalate the issue to the Rental Housing Tribunal (RHT), which handles a wide range of issues from non-payment of rent to property damage, and can provide mediation or arbitration services to help resolve conflicts. Any rulings it makes after arbitration are also legally enforceable.
“Meanwhile, it is important for tenants to understand that they can immediately be given notice to vacate the premises if they breach any of the terms of their lease – by causing damage to the property, for example, or by failing to pay rent. And although the eviction proceedings can take several months, they cannot be delayed by the tenant creating disputes over other issues.”
And lastly, he says, if either party feels that the relationship has been irreparably damaged even after a dispute has been resolved, their best option may simply be not to renew the lease when it expires.
