Tenancy is the right or interest of a person(s) who occupies or possesses land or property from another for an agreed period, usually in exchange for rent and under a tenancy agreement.
Such an agreement can be in writing or verbal (implied). During a tenancy, the tenant holds the possessionary right of the property being rented for the duration of the tenancy.
It implies that the tenant becomes the person in charge of the property and any entry thereof must be done so at the approval of the said tenant.
In a tenancy, both the landlord and tenant have responsibilities to play and mostly in accordance with a written tenancy agreement.
There are also provisions under existing laws of Fiji, such as the Property Law Act, Land Transfer Act, Distress for Rent Act, Commerce Commission Act 2010 (CCA2010) that can become implied terms of a tenancy agreement, even though not explicitly shown in the deed instrument.
It is important for both parties and others to know such responsibilities in general.
Dos of tenancies
Under common law including the CCA2010, there are certain responsibilities that are expected from both parties of tenancy. Some are as follows-
* pay rent and bond on time;
* observe and adhere to the terms of the tenancy agreement;
* keep property in good and clean condition at all times;
* ensure that the landlord is given the opportunity to access the property for the purpose of inspection on periodic basis;
* report any damage to the landlord as and when it happens;
* respect the neighbours.
* ensure the tenancy agreement is finalised and a copy given to tenant before the start of the tenancy;
* keep property in state of good repair at all times;
* respect the right of quiet enjoyment of the tenant;
* issue receipts as and when rent is paid;
* ensure that a condition report of the property is prepared at the start of the tenancy and both have a copy as reference;
* ensure that utility supply to the property is proper and without unjustified disruptions;
* ensure that the property complies to all relevant regulations in Fiji;
* ensure that proper consent is obtained from the principal lessor such as Lands Department, iTLTB, Housing Authority etc;
* ensure that proper inspection and condition report is prepared at the close of the tenancy and both parties to have a copy each.
Don’ts of tenancies
Based on the Commission’s mandatory role under the CCA2010 in terms of fair trade, price control and consumer protection, the Commission identified the following as don’ts in a tenancy. These are –
* not to use the property for any other use including illegal or immoral purposes except that agreed to by the parties;
* not to cause excessive noise or nuisance to neighbours;
* not to default in rent and bills;
* not to overcrowd the property;
* not to leave the property unattended for long periods of time without notice to the landlord;
* assign tenancy or sublet property without the consent of the landlord.
* not to harass or coerce a tenant in any matter relating to the tenancy;
* not to increase rent illegally during the tenancy;
* not to interfere with quiet enjoyment of the property by the tenant;
* not to use bond money for any other use except that it was paid for;
* not to impose unfair demands on the tenant after the tenancy agreement has been finalised and signed;
* not to enforce eviction of tenant without following the proper legal procedures;
* not to assign authority to another person without proper appointment;
* not to disconnect utility supply to the tenant’s flat without any justified legal cause;
* not to sell the property without proper notice to the tenant.
Advice from the Commission
The Commission expects fair play and responsibility in every tenancy. If both parties observe the requirements and responsibilities categorised under the do’s and don’ts listed above, the cause of tenancy dispute currently prevalent in Fiji today will reduce significantly.
For any unfair or illegal conduct against a tenant which includes illegal rent increase or failure to provide tenancy agreement and receipts, please report it to any of the Commission offices in Labasa, Lautoka and at 42 Gorrie St, Suva.
A tranquil tenancy relationship is an ideal quest, minimises costs, sufferings and damages, only if all parties act fairly.
* Next week: Provisions relating to prices for goods and services
