UGANDA, Kampala | Real Muloodi News | Two weeks ago, Racheal Agaba received a WhatsApp message from her landlord detailing a new set of tenant rules and regulations.
Having lived in her single self-contained studio for four years, Agaba was taken aback by the stringent tone of the new rules.
“I am not stopping you from having visitors but I do not want the visits to be discreet. I have no problem with women. They can even spend the night, but not men. As your visitors come for studies or consultation, let me know in advance. They should come earlier in the day or afternoon and leave early, not late in the night,” one rule stated.
“When inside, do not lock the door or completely cover the door with a curtain. Let it be known that you have a visitor and you are not hiding anything. You should feel safe, watching your doorway will have nothing to mean that you are being monitored, it is just not easy to control the eyes,” read another rule.
Further rules included prohibitions on men sleeping over, notification requirements for parties or meetings, and instructions to introduce friends to the landlord if encountered. Agaba was shocked by the patronizing nature of the rules.
Agaba is not alone in facing restrictive tenant rules and regulations. Three weeks ago, KFM presenter Faiza Salma shared an experience where a potential landlord in Bugolobi, a Kampala suburb, preferred absentee tenants.
Similarly, Theo Astar recounted how a landlady did not want tenants with more than one child unless the child was born on the premises.
Nuru Ashaka, a property owner, argues that many landlords implement strict rules to protect their property from damage.
For instance, landlords may fear that visitors could lead to disputes or property damage. Preferences for single tenants without children are often driven by concerns over wear and tear on the property.
Ashaka advises tenants to speak up if rules undermine their rights. “Ask why they are introducing new rules. Some rules are introduced deliberately to evict tenants,” Ashaka says.
Stuart Oramire, a lawyer, explains that tenancy agreements should be informed by the Landlord and Tenant Act 2022.
“Your relationship with the landlord should be governed by a contractual obligation reduced into a tenancy agreement, formed from the law. Any contract outside the law is void,” Oramire states.
In Agaba’s case, rules such as requiring the door to remain open with visitors were not agreed upon at the start of the tenancy and thus could be considered a violation.
“Once you occupy the landlord’s premises, you are supposed to enjoy peaceful possession of the property, free from the landlord’s interference,” Oramire notes.
According to the Landlord and Tenant Act 2022, tenants are entitled to peaceful possession of the property. Any rules imposed by the landlord that violate this right, such as dictating visitor policies or requiring tenants to notify the landlord of their absence, are not permissible.
However, security considerations do apply. Tenants should be cautious about who they invite for the sake of other residents’ peace.
Any rules must be discussed and agreed upon before occupancy. If a child or additional tenant causes inconvenience or damage, it must be addressed within the terms of the initial agreement.
The Landlord and Tenant Act 2022 presupposes that all tenant rights are in place upon occupancy. Landlords cannot arbitrarily increase rent or evict tenants for reasons like having a child unless it breaches a previously agreed-upon clause. Tenants have the right to challenge such actions in court.
Navigating tenant rules and regulations can be challenging. Tenants like Racheal Agaba and Faiza Salma highlight the importance of understanding one’s rights and the legal frameworks that protect them.
The Landlord and Tenant Act 2022 provides a basis for fair and lawful tenancy agreements, ensuring that tenants can enjoy peaceful possession without unwarranted interference. Clear communication and legal adherence are key to maintaining a harmonious landlord-tenant relationship.
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