A landlord refers to a property owner or their authorized agent who rents or leases their property such as land, houses, or apartments to another party in exchange for rent payments. Landlords can be individuals, businesses, or other entities.

A tenant is an individual, business, or group renting property from a landlord.

Contractual relationship

Landlords and tenants have a mutual agreement where the tenant pays rent, and the landlord allows them to use the property for a set period. This relationship is based on property rights and mutual expectations.

A strong landlord-tenant relationship can benefit both parties by reducing turnover rates, increasing care and respect for the property and improving communication and trust.

The law on landlord-tenant relationships in Uganda

In Uganda, the Landlord and Tenant Act, 2022 governs the relationship between landlords and tenants. The law outlines their responsibilities and regulates rent agreements.

Specific duties and obligations of each party are normally outlined in a tenancy agreement.

What is a tenancy agreement?

A tendency agreement is a contract between the landlord and the tenant specifying terms of occupancy and rent payment. It can be written, oral, partly written, and oral, or implied from the conduct of both parties involved. Agreements for rent over 500,000 Uganda Shillings must be in writing or a data message.

Once both parties sign the tenancy agreement, the landlord should give a copy to the tenant.

Where a tenancy agreement is not in writing, the landlord is mandated to keep a record of the following information:  particulars of the tenant(s), the premises occupied by the tenant(s), details of the immigration status if the tenant is a non-citizen, details of the rent payable and the agreed mode of payment.

After compiling the information above, the landlord is required to provide a copy to the tenant within 14 days of the tenant's occupation of the premises.

NOTE: A landlord is barred by the law from entering into a tenancy agreement with someone who does not provide their national identification or any other identification document such as a passport, driving permit, certified student identification card. It is therefore mandatory for the tenant to provide a form of identification to the landlord before they can rent the premises.

Rights and responsibilities of landlords under the law

• Landlords must issue receipts promptly upon rent payment. A receipt should be issued immediately where payment is made in person or within five (5) working days of receiving the payment where payment was not made in person. The receipt must indicate the amount of money paid and the period for which the rent is paid. The landlord should keep a record of all receipts of payments of rent.
• Quiet Enjoyment of premises. The landlord is required to take reasonable steps to ensure that the tenant has quiet enjoyment of the premises.
• Non-discrimination. The Landlord should not refuse to rent a property to an individual on grounds of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.
• Right to enter premises. The landlord or his/her agent has the right to enter the premises to inspect the condition of the premises upon giving the tenant at least twenty-four hours’ notice in writing/ message/ by word of mouth. Notice can only be waived in case of an emergency.
• Payment of taxes. The landlord is responsible for the payment of all taxes and rates imposed by law in respect of the premises. Where the tenant pays any taxes or rates in respect of the premises, the landlord shall compensate the tenant for the amount paid by the tenant.
• Notice of eviction. If a tenant fails to pay his or her monthly rent, the landlord can issue a notice of eviction at least 30 days in advance. If the tenant still fails to pay up the arrears after the notice, the landlord or his/her agents may at any time re-enter upon the premises and repossess it.
• Rent increase. Unless stated otherwise in the tenancy agreement, landlords should not raise rent by more than ten percent annually. The landlord must provide tenants with at least sixty days' notice before increasing rent. During a fixed-term tenancy, rent cannot be increased unless the agreement allows it.
• The landlord is responsible for payment of charges on utilities such as electricity, water, gas, sewerage/ drainage, and others that are utilized collectively by all tenants.

Rights and responsibilities of tenants

• A tenant has the right to peaceful use of the property as long as they have paid rent and met all the terms and conditions stipulated in the tenancy agreement. They can live undisturbed by the landlord.
• To rent the premises, a tenant must provide a valid form of identification such as a national ID, driver's license, passport, or student ID.
• The tenant must pay rent as agreed upon, on time, and in the method specified in the tenancy agreement. Other utility charges, such as water, electricity, garbage collection, and security fees, are paid according to the agreement terms. Rent payments should be in Uganda shillings, unless stated otherwise.
• A tenant must use the premises only for the purposes agreed upon in the tenancy agreement and must not engage in any illegal activities or cause disturbances. The rented premises should not be used to create nuisances or disturbances.
• During the tenancy and upon leaving, the tenant must keep the premises and fixtures clean and in good condition. This includes maintaining the compound, fence, and paths.
• Before making any alterations or installing fixtures, the tenant must obtain the landlord's consent. Any alterations made must be restored to their original condition at the tenant's expense.
• The tenant is responsible for repairing any damage they cause to the premises, furniture, or fittings.

Tips for a better landlord-tenant Relationships

• Make a Good First Impression. Make your tenants and prospective tenants feel welcome and comfortable in their new place. Answer all questions posed by the tenant in a way that they can understand and provide them with details of environment.
• The rules should be bearable. Make your expectations clear to your tenants, provide a convenient payment method to avoid ambiguity, delays and conflict. You can also offer online payment methods since they are convenient enough for most tenants. Be exemplary in terms of respect and make sure the rules you set reflect your morals in all aspects.
• Both the tenant and landlord should communicate well. The interactions between the tenant and landlord should completely be formal in all ways and respect the boundaries of each other.
• Both parties must contain open lines of communication and make sure they are reachable.
• Pay attention to the tenants in that if you have any questions or concerns about specific issue, reach out to them and listen to find a solution.
• Both parties should parties should educate themselves on how to communicate effectively without crossing the line.
• To make your tenants feel appreciated as a landlord, you must go above and beyond and provide excellent customer service. It may even help in reducing your property vacancy rate. Establishing and maintaining a good relationship requires intentional effort that most landlords don’t have the time for.

Establishing and maintaining a positive landlord-tenant relationship requires effort from both parties. Effective communication, clear expectations, and mutual respect are essential for a successful partnership.

Compiled by UGANET

 

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