The Landlord must maintain the property fit for the purpose for which it was let. If the Landlord fails to honour this obligation, you may demand in writing that he attend to the maintenance. The maintenance in question must be a material breach by the Landlord such as no water / electricity, a burst geyser or non-working oven. A material breach does not include missing internal keys, blown light bulbs etc.
If the Landlord fails to remedy a material breach you should cancel the lease and vacate the property or take legal action.
If you withhold rent, you yourself are committing a material breach and the Landlord can take the necessary action to collect the rent – cancellation of the lease, court order eviction or blacklisting on credit bureaux.
If the Tenant does not pay the rent, the Tenant is in breach of contract (written or verbal).
Practically the first step of action is to make contact with the Tenant to establish the reason for non-payment. You will know your Tenant and be able to assess if this is a once-off situation or if the Tenant routinely pays late or only partially.
In terms of the Consumer Protection Act, the Landlord must demand payment in writing and give the tenant 20 business days to settle.
Should the Tenant fail to settle after the demand, the Landlord is entitled to cancel the lease and demand the tenant vacates the property.
Should the Tenant fail to vacate the property as requested, then the Landlord must take legal action to obtain a court order Eviction, after which the Sheriff of the Court will forcible remove the tenant.
Yes, the Amour Properties is acting as an Agent for the Landlord.
Ultimately the Landlord takes the risk should the Tenant default on the rent. Every Landlord has a different appetite for risk and will accept or decline the applicant Tenant based on the credit report, affordability assessment and any other relevant information.
The Landlord can and should demand to see the all applicant Tenant’s credit reports before making a decision to accept the Tenant.