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Landlord breach of contract

Last activity 17 November 2023 by Lawyers Mauritius

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udeshm

Hi


Need a bitnof guidance. My landlord has refused to meet his obligations in terms of the lease agreements which states he needs to replace any electric appliances that are not functioning optimally and various repairwork which is stipulated including electrical and structural work.


What can I do to enforce the breach of contract?


Thanks

Lawyers Mauritius

@udeshm


Hello,


Thank you for reaching out for guidance on your issue with your landlord. While we cannot provide legal advice without a thorough review of your situation, we  can certainly offer some general guidance to help you navigate this matter.


Document the Issues: It's crucial to keep a record of all the problems with the electrical appliances and any necessary repair work. This includes photographs, dates when issues were noticed, and any past communication with your landlord.


Review Your Lease Agreement: Understanding the exact terms of your lease agreement is vital. If you can send us a copy of your contract, we'd be happy to guide you through it and clarify your rights and the landlord's obligations, at no cost.


Formal Communication: Write a formal letter to your landlord detailing the issues and referencing the specific clauses in the lease that are being breached. It's advisable to send this letter by recorded delivery with an "accuse de reception" to ensure there's proof of delivery. Keep copies of this correspondence.


Rent Book and Estate Agency: If you have a rent book, it can be useful in documenting your rent payments and any communication regarding property issues. Additionally, if your tenancy was arranged through an estate agency, it might be beneficial to inform them of these issues, as they may offer additional support or intervention.


Legal Framework: The Mauritian "Landlord and Tenant Act​ No.6 of 1999" provides a statutory framework that might be relevant to your situation. Understanding your rights under this act is important.


Resources available t you:


Fair Rent Tribunal ​


Landlord and Tenant (Amendment) Act 2022


Landlord and Tenant (Amendment) Act 2020​


Landlord and Tenant ( Amendment) Act No.22 of 2017


Landlord and Tenant (Amendment) Act No.21 of 2009​​


Landlord and Tenant(Amendment) Act No.5 of 2005​


Seek Mediation: If your landlord continues to be unresponsive, consider seeking mediation to resolve the issue amicably.


Option of Moving Out: While it's an inconvenient option, moving out is always a possibility if the living conditions are unbearable and the landlord fails to fulfill their obligations.


Disclaimer: Please note, this guidance does not constitute legal advice but is intended to help you understand your options and avoid initial costs. For specific legal advice, it is advisable to consult with a solicitor.


***


Best wishes in resolving your issue.

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BestofMusicRadio

@Lawyers Mauritius

Interesting. Thank you.


I noticed the initially poster hasn't responded. 1f602.svg

Lawyers Mauritius

@BestofMusicRadio


Maybe he didn't like our content? 1f644.svg

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