"The secret of power is consciousness (or: awareness) of power. For how can you use and/or apply power for which you are not aware or conscious of", declares Charles F. Haanel - Author of the Master Key System Book and a Man regarded as the Father of the Personal Development Industry.
In the same way and borrowing Charles F. Haanel's words, the secret to enjoying your tenant rights is consciousness or awareness of your tenant rights. For how can you claim, enforce and/or apply your tenant rights if you are not conscious or aware of them.
Therefore, knowing your rights as a tenant is the very first step towards claiming and/or achieving the protection and security of tenure of occupation of the demised or rented premises offered to you via the distinguished rent laws regardless of the country you currently live in.
However, before delving into the nitty gritties of tenant rights, perhaps a great question to ask is, how is the relationship of tenant and landlord created and eventually recognized at law?
Well, the answer lies in the House of Lords case of Street v Mountford [1985] UKHL 4, where the court held that the relationship of landlord and tenant is created via a lease which is the grant of a right to the exclusive possession of land (whether bareland, residential or business premises) in favour of a grantee or lessee for a determinate period or term less than that which the grantor or lessor of the land in question has in it.
However, there is a lot more meat to the above tenant-landlord relationship scenario but space will not allow me to delve into the details of what really constitutes a valid lease agreement or rather an agreement for a lease. But suffice to say that exclusive possession by the tenant with a determinate term or certainty of duration and a term less than that of the grantor or landlord brings into being a tenant-landlord arrangement capable of protection under the rent laws, rules and/or regulations of any Republic.
However, the rights accruing to a tenant under most rent laws in many jurisdictions the world over do not extend to licensees. Why? Because their is a difference at law between a tenant and a licensee (or in other words: a difference between a lease and a licence that is). And if you wish to know the difference between a tenant and licensee, then please Click->HERE for details on this.
In the same way and borrowing Charles F. Haanel's words, the secret to enjoying your tenant rights is consciousness or awareness of your tenant rights. For how can you claim, enforce and/or apply your tenant rights if you are not conscious or aware of them.
Therefore, knowing your rights as a tenant is the very first step towards claiming and/or achieving the protection and security of tenure of occupation of the demised or rented premises offered to you via the distinguished rent laws regardless of the country you currently live in.
However, before delving into the nitty gritties of tenant rights, perhaps a great question to ask is, how is the relationship of tenant and landlord created and eventually recognized at law?
Well, the answer lies in the House of Lords case of Street v Mountford [1985] UKHL 4, where the court held that the relationship of landlord and tenant is created via a lease which is the grant of a right to the exclusive possession of land (whether bareland, residential or business premises) in favour of a grantee or lessee for a determinate period or term less than that which the grantor or lessor of the land in question has in it.
However, there is a lot more meat to the above tenant-landlord relationship scenario but space will not allow me to delve into the details of what really constitutes a valid lease agreement or rather an agreement for a lease. But suffice to say that exclusive possession by the tenant with a determinate term or certainty of duration and a term less than that of the grantor or landlord brings into being a tenant-landlord arrangement capable of protection under the rent laws, rules and/or regulations of any Republic.
However, the rights accruing to a tenant under most rent laws in many jurisdictions the world over do not extend to licensees. Why? Because their is a difference at law between a tenant and a licensee (or in other words: a difference between a lease and a licence that is). And if you wish to know the difference between a tenant and licensee, then please Click->HERE for details on this.
So in Summary, What Are Some of the Tenant Rights Recognized at Law in General?
Well, tenant rights may either be: 1. expressly agreed by the parties themselves (i.e. landlord and tenant) in a lease agreement; 2. granted by statutory law; 3. implied rights.
1. Rights Expressly Agreed Upon By the Parties in the Lease Agreement
Tenant rights may be expressly agreed upon by the parties themselves in the lease agreement. Express rights which the parties may mutually agree on in a lease agreement may include but not limited to the following:
i. Who pays for electricity, water and/or cabbage collection bills;
ii. When is the rent payable and at what times;
III. How is the rent to be paid e.g. in cash or via the bank / cheque payment;
iv. What is the notice period each party is supposed to give the other in case of termination of the tenancy relationship;
v. Who does the repairs; etc.
The above terms once agreed upon and signed by both parties become legally binding. Failure to which the affected party is at liberty to institute legal proceedings against the offending party for damages whether liquidated or not with the help of the court of course or where appropriate via arbitration or mediation as the case may be.
i. Who pays for electricity, water and/or cabbage collection bills;
ii. When is the rent payable and at what times;
III. How is the rent to be paid e.g. in cash or via the bank / cheque payment;
iv. What is the notice period each party is supposed to give the other in case of termination of the tenancy relationship;
v. Who does the repairs; etc.
The above terms once agreed upon and signed by both parties become legally binding. Failure to which the affected party is at liberty to institute legal proceedings against the offending party for damages whether liquidated or not with the help of the court of course or where appropriate via arbitration or mediation as the case may be.
2. Rights Granted by Statutory Laws
These are rights that are granted to a tenant by the statutory laws of a country. These statutory rights cannot be expressly excluded by the parties whether they like it or not as to do so will be deemed to be unlawful, void and therefore of no effect. For instance, if you live in the Republic of Zambia, section 20 of the Landlord and Tenant (Business Premises) Act, Chapter 193 of the Laws of Zambia provides that, "any agreement relating to a tenancy to which this Act applies (whether contained in the instrument creating the tenancy or not) shall be void in so far as it purports to preclude the tenant from making an application or request under this Act, or provides for the termination or surrender of the tenancy in the event of his making such an application or request, or for the imposition of any penalty or liability on the tenant in that event".
Therefore, what this means is that statutory terms and/or rights are mandatory. They cannot be expressly excluded by both tenant and landlord but must be incorporated in the lease agreement. And where there is a blatant breach, the innocent party is at liberty to seek the Court's indulgence in the matter.
So, as a tenant whether for residential or business premises, it is incumbent upon you to familiarize yourself with the provisions of the Rent Laws in your Country so as to be aware of them so that in the event of breach, you can then seek the Court's intervention to help you enforce and/or protect your statutory tenant rights.
If you live in the Republic of Zambia, knowing and familiarizing yourself with the provisions contained in the Rent Act, Chapter 206 and the Landlord and Tenant (Business Premises) Act, Chapter 193 of the Laws of Zambia, is crucial to You either as a tenant or as a landlord.
Therefore, what this means is that statutory terms and/or rights are mandatory. They cannot be expressly excluded by both tenant and landlord but must be incorporated in the lease agreement. And where there is a blatant breach, the innocent party is at liberty to seek the Court's indulgence in the matter.
So, as a tenant whether for residential or business premises, it is incumbent upon you to familiarize yourself with the provisions of the Rent Laws in your Country so as to be aware of them so that in the event of breach, you can then seek the Court's intervention to help you enforce and/or protect your statutory tenant rights.
If you live in the Republic of Zambia, knowing and familiarizing yourself with the provisions contained in the Rent Act, Chapter 206 and the Landlord and Tenant (Business Premises) Act, Chapter 193 of the Laws of Zambia, is crucial to You either as a tenant or as a landlord.
3. Implied Rights
The rights and duties of both tenants and landlords are normally and generally governed by the provisions of the lease agreement itself. However, where a lease agreement in question is silent, certain rights, terms and/o conditions may be implied into the lease agreement by common law or even equity. These implied rights or terms may include but not limited to the following:
i. Covenant or Right to Quite and Peaceful Enjoyment of the Demised Premises
As a tenant, you have the right to be in immediate possession of the demised premises at the beginning of the term of the tenancy failure to which you may be entitled to damages if your enjoyment is substantially interfered with by the acts or conduct of the landlord. This implied common law covenant or right gives you the tenant the right to be put into possession of the whole of the demised premises, and to recover damages from the landlord if the landlord or indeed any of his her agents physically interferes with your enjoyment of the land. This right is not one for quite enjoyment in the strictest literal sense but that you the tenant shall be free from any disturbances or inconveniences by adverse claimants to the demised premises. Thus in the English case of Owen v Gadd (1965) 2 QB 99, a landlord was found wanting and in breach of the covenant or right to quite enjoyment of the demised premises when he caused loss of business to a tenant by obscuring his shop with scaffolding.
Further, in another English case of Kenny v Kenny (1963) 1 QB 499, a landlord was found wanting and held liable under the covenant for quite enjoyment of demised premises for attempting to drive out a tenant by persistent threats and/or violent behaviour.
Whereas, in Perera v Vandiyar (1953) 1 WLR 672, a landlord was held liable under the covenant for quite enjoyment of demised premises for inflicting physical discomfort on a tenant by cutting off his water, gas or electricity or depriving the tenant of proper washing facilities!
Further, in another English case of Kenny v Kenny (1963) 1 QB 499, a landlord was found wanting and held liable under the covenant for quite enjoyment of demised premises for attempting to drive out a tenant by persistent threats and/or violent behaviour.
Whereas, in Perera v Vandiyar (1953) 1 WLR 672, a landlord was held liable under the covenant for quite enjoyment of demised premises for inflicting physical discomfort on a tenant by cutting off his water, gas or electricity or depriving the tenant of proper washing facilities!
ii. The Right Not to Derogate from the Grant of Tenancy
Finally, a landlord may be restrained from acting in a manner which is detrimental to the tenant by application of the principle that a landlord or grantor may not derogate from his or her grant of the tenancy. The landlord must also not frustrate the use of the land for the purpose for which it was let or leased out for. In order to constitute a derogation at law, there must be some act or conduct which renders the demised premises substantially less fit for the purposes for which they were initially leased out for. This right was exemplified in case of Aldin v Latimer Clark, Muirhead and Co. ((1894) 2 CH 437, where land was leased to a timber merchant for use for his business. The landlord was successfully restrained by the tenant from building on adjoining land so as to interrupt the flow of air to sheds used for drying the timber.
And in conclusion, where any one of the above tenant rights are blatantly breached without any lawful justification whatsoever by a landlord, you the tenant is entitled to the following remedies: suing for damages whether liquidated or unliquidated damages; suing for an injunction to stop or prevent a continuing or threatened breach of a covenant; and last but not the least, suing for specific performance of the landlord's covenants, especially the landlord's covenant to repair items in the demised premises where this is applicable and to deduct any costs associated with carrying out of the landlord's required repairs on his behalf from future payments of rentals.
And in conclusion, where any one of the above tenant rights are blatantly breached without any lawful justification whatsoever by a landlord, you the tenant is entitled to the following remedies: suing for damages whether liquidated or unliquidated damages; suing for an injunction to stop or prevent a continuing or threatened breach of a covenant; and last but not the least, suing for specific performance of the landlord's covenants, especially the landlord's covenant to repair items in the demised premises where this is applicable and to deduct any costs associated with carrying out of the landlord's required repairs on his behalf from future payments of rentals.
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✓ 40m x 50m plots in Lusaka West @ K85,000 each;
✓ 20m x 40m plots x 2 of them in Meanwood Chamba Valley Kwamwena Phase 4 @ K120,000 each;
✓ 25m x 25m plot in Makeni East @ K140,000;
✓ 28m x 28m plot in Makeni East @ K160,000;
✓ 30m x 60m plot in Meanwood Chamba Valley Kwamwena Phase 4 @ K180,000 each; ✓ 20m x 40m plot in Chalala @ K220,000;
✓ 37m x 41m plots x 3 of them in Vorna Valley situated about 500 metres away from the Tarmac Road @ K230,000;
✓ 30m x 50m plot in Silverest (Quarantine) Area situated about 600 metres away from Great East Rd @ K260,000;
✓ 22m x 50m plot in Chalala @ K250,000;
✓ 43m x 58m plot in Chelstone Palm Drive Area situated about 500 metres away from Palm Drive Tarmac Rd @ K250,000;
✓ 35m x 35m plot in Chalala/Lusaka South Area @ K300,000;
✓ 25m x 50m pot in Obama @ K380,000;
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-> Rental Arrears Recovery Advisory Services;
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-> Real Estate Agency Services;
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-> Blockchain/Crypto-currency Based Real Estate Investment on a Global Scale.
Interested? Then Call David Kapalu Right Now on +260 966 388525 / +260 977 805045 / 0955 168754 or Simply Whatsapp: +260 966 388525. MZIEA No: 321.
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Copyright Notice © Davik Real Estate Agency - Zambia. All Rights Reserved.
The information on this Weblog-page is copyrighted and protected by copyright laws of the Republic of Zambia and International treaties. The information published herein may ONLY be used and shared pursuant to the subscription terms and conditions of this page and any reproduction, copying & pasting, and/or redistribution (electronic or otherwise, including on the world wide web), in whole or in part, is strictly prohibited without the express consent and/or written permission of: Davik Real Estate Agency-Zambia and its founding member namely David Kapalu or its other personal representatives. Therefore, any unlawful and unauthorized reproduction, copying & pasting in whole or in part, or redistribution whether electronic or otherwise shall be punishable by law.
However, You are totally FREE to Share this Information with whomsoever You like as long as You Acknowledge and Give the full Attribution to the Author and this Weblog-page as Your source. Failure to which it shall constitute an Infringement of this Copyrighted Material!!!!!!
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ABOUT THE AUTHOR - DAVID KAPALU
David Kapalu is a Real Estate Investment Consultant who happens to be a duly Registered Member of the Zambian Institute of Estate Agents, an Internet Marketing Specialist, Motivational Speaker, Public Speaker, Life Coach, Crypto-Currency Investor, Enthusiast and Trainer. He is also a Holder of a Bachelor of Laws (LLB) Degree from the Zambian Open University. He is Someone who Understands his Subject so Well and Knows How to Distil and Reduce Complex Matters into Simple to Understand Matters.
Therefore, Call/WhatsApp/Sms him right now on +260 966 388525 and contract him for one on one real estate investment advice or legal advice!
He also stands ready to be booked for speaking engagements as well as offer free and paid radio and television interviews with any individual or organization interested in him sharing his deep insight and understanding of real estate matters as well as offer legal advice pertaining to land rights and ownership in the Zambian Market Landscape!
Copyright Notice © Davik Real Estate Agency - Zambia. All Rights Reserved.
The information on this Weblog-page is copyrighted and protected by copyright laws of the Republic of Zambia and International treaties. The information published herein may ONLY be used and shared pursuant to the subscription terms and conditions of this page and any reproduction, copying & pasting, and/or redistribution (electronic or otherwise, including on the world wide web), in whole or in part, is strictly prohibited without the express consent and/or written permission of: Davik Real Estate Agency-Zambia and its founding member namely David Kapalu or its other personal representatives. Therefore, any unlawful and unauthorized reproduction, copying & pasting in whole or in part, or redistribution whether electronic or otherwise shall be punishable by law.
However, You are totally FREE to Share this Information with whomsoever You like as long as You Acknowledge and Give the full Attribution to the Author and this Weblog-page as Your source. Failure to which it shall constitute an Infringement of this Copyrighted Material!!!!!!
-------------------------------------------------------------------------------------
ABOUT THE AUTHOR - DAVID KAPALU
David Kapalu is a Real Estate Investment Consultant who happens to be a duly Registered Member of the Zambian Institute of Estate Agents, an Internet Marketing Specialist, Motivational Speaker, Public Speaker, Life Coach, Crypto-Currency Investor, Enthusiast and Trainer. He is also a Holder of a Bachelor of Laws (LLB) Degree from the Zambian Open University. He is Someone who Understands his Subject so Well and Knows How to Distil and Reduce Complex Matters into Simple to Understand Matters.
Therefore, Call/WhatsApp/Sms him right now on +260 966 388525 and contract him for one on one real estate investment advice or legal advice!
He also stands ready to be booked for speaking engagements as well as offer free and paid radio and television interviews with any individual or organization interested in him sharing his deep insight and understanding of real estate matters as well as offer legal advice pertaining to land rights and ownership in the Zambian Market Landscape!
