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Friday 9 December 2011

Know your rights as a Landlord

In the past few weeks, I have come across so many people who do not understand the role of their managing agent or their own rights and duties as a landlord. I have decided to debunk the myths and misconceptions that have been allowed to grow, and hopefully, enable you to demand the service you deserve from your agent.


What is an agent? Basically, someone who has been given authority by a principal or landlord to act on his behalf. The agent is obliged at all times to put the interest of his principal above his own, and to conduct the business of his principal as if it were his own. How many of you can say this is the case with your agent? I would love your feedback, so we can discuss this topic.


Your duties as a principal or landlord are to disclose all relevant information about the property and to pay the agent for the work done on your behalf, this is the commission you pay.


What are the duties of the agent? These vary greatly, and you should find them in the mandate letter you have signed with the agent. This is the contract you have entered with the agent. So many agents put the mandate into the lease agreement. This is not correct as, the contract is between you and the agent and not you, the agent and the tenant. If you don't have a mandate letter signed, you should ask your agent for one, as this protects you and also allows you to terminate the contract with the agent if they are not fulfilling their duties.


In my mandate letters I include the following as my duties to the landlord:


  •  Vetting references and selecting a suitable tenant.
  •  Negotiation of the lease and rental, and the completion of the necessary contract.
  • Collection of all rent and a provision of a statement every month. Close control of late and non-payment. (It is a legal requirement for you to receive a monthly statement showing rent received, commission deducted and expenses incurred to maintain the property. You must demand one if you are not receiving one!)
  •  Routine quarterly inspections, and attendance to all necessary repairs and maintenance. In this case we will refer to you before incurring any expense that is out of the ordinary.
  • Constant review of the lease and rent. In terms of the Rent Regulations 2007  Clause 39.4 “ The lessor of a dwelling may be permitted to apply for a variation of the standard rent after six months from the date of the signing of the lease agreement. Any variation of the standard rent which is 30% or less does not require approval by the Rent Board.”
  •  Signing the lease agreement and all subsequent leases, having your power of attorney to do so. (Some landlords insist on signing their own lease, which is also fine.)
      Don't allow your agents to walk all over you, remember you employ them and you can fire them, giving three months' notice of the fact that you no longer require them to manage your property, of course this may be subject to the contract you have signed with them.

     Do you feel you are getting the best service? Let me know your thoughts and let's put a stop to unscrupulous agents taking advantage of the ill-informed public!

Thursday 8 December 2011

Nothing quiet about Christmas in my life!!!

Firstly, I must apologize for going quiet for so long. I wish I could tell you that it was because I was flat out selling properties, but that's not the reason. As Christmas approaches and all 4 of my children are home from boarding school, I have let the demands of family life take over. This realization has inspired this blog.

There is a perception in the Real Estate industry world wide that the Christmas season is not a great time to buy or sell property as the market is quiet. I've thought about this idea over the last few days and realised that, as always your reality is created by the way you see the world and the thoughts you think. If you think your life is hard, it will be. If you think your are the luckiest person in the world, you guessed it, you will be.

So using this theory, surely, if we think the Christmas period is quiet, it will be. We allow all the other things to take priority in our lives, when, really during the rest of the year we have exactly the same amount on our plate, we just don't have the excuse to say, "Well, it's Christmas, the markets quiet anyway."

In fact, this time of the year may be the very best time to sell your property.

  • Families from all over the world reunite over Christmas, so the buyer's pool is much bigger. 
  • Zimbabwe is the most beautiful country in the world and even though someone may have moved away permanently, they will always have a yearning to return. If they have money, buying a property here is a good reason for them to eventually move back here.
  • Many, many home owners go away for the holidays. If you happen to be staying at home, and make your house available for viewing, you will be in the pound seats, as the pool of houses during this period shrinks.
I advise all homeowners, seriously wanting to sell, to make their homes available during this holiday period. Let your agent know which days and times best suit you and don't be too rigid about this.

For buyers, you also need to have some flexibility in your viewing times, and give your agent lots of notice so that the agent can organize the viewing time that best suits all parties concerned.

I've changed my concept of the holiday period. It is busy, busy, busy! Busy with family and friends, busy with clients and busy closing sales! We all know Christmas is a busy time, it's just what we choose to be busy about! There is nothing quiet about Christmas in my house, so why should my business be quiet!

Stay safe and have a wonderful time with your family and friends this festive season!