Who should pay the rates and taxes, the landlord or tenant?

At common law, the landlord is obliged to pay the rates and taxes on the property. It is the landlord’s responsibility to ensure that s/he takes into account the amount of rates and taxes payable by him/her in the rental amount.

 The landlord is obliged by the Local Authority Act to ensure that services are provided to the property and are paid on time. Unless the lease agreement states otherwise, the lessor is not entitled to demand any additional payments from the lessee should the rates and taxes payable in respect of the property be increased during the lease period.

The landlord may not cause the non-supply or interrupted supply of municipal services to the rental property without a court order, in case of a tenant being in arrears with their monthly rental payment. A landlord should ensure that the tenant is not exposed to the risk of interruption or loss of services from service providers such as municipalities, or power distributors when such payments are due.

As for other additional payments over and above the rental (and the deposit, if applicable), these should be regulated by the lease agreement concluded between the parties. The rental agreement should clearly state which costs the lessor and lessee are responsible for.

Below are some operational costs that should be clearly stated in the lease agreement and who should pay for them:

1. All electricity including electricity service charges, water and gas (if any) consumed on the premises.
2. All refuse removal fees levied on the premises.
3. All sewer effluent and sanitary fees levied on the premises.
4. All charges arising out of any telephone service installed on the premises.
5. Any other fees payable in respect of services rendered to the premises during the period of the lease.

Where operational costs of the rented property are concerned, such as the above, a landlord should only charge the tenant the exact amount for services consumed in the rental property. A tenant is allowed to request for a statement for such expenses.  

For enquiries, text, call or email #yourhomegirl Justina Hamupembe at +264812726001 or justina@chili.com.na 

 

 

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