Contractual obligations by kandlird

It might get tricky to get it enforced from my experience. Did you report the gardener to the landlord? Did you talk to your real estate agent?

Else, what you do is to deduct the cost of a gardener from the rental.  Fair enough and you find someone else to do the job.

Dear Barbara,

The only way that you can legally enforce the landlord to respect his contractual negotiation is to take him/her to a court of law. This is not advisable as unlike the UK there's no small claims court where you can fight your own case. Here, you will need to hire a solicitor and lawyer and by the time that the matter reaches a hearing, you will be living in a forest instead of a garden!

I will not advise deducting any money which is contractually due because that will be a breach of contract with dire consequences for you.

One approach is to report him to the authorities (Muncipality or Village Council will be your next port of call if you follow that route) if you feel that the garden is a nuisance to health & safety and the environment. Then the authorities will deal with him/her.

Best approach is to invite your landlord for coffee/dinner. And discuss the matter with him/her. You can say that if he/she does not do anything about it, you will have no other choice but to find another place. No landlord would like to lose a good tenant.

Cheers
Gawesh

Same with us, our garden is huge and contract states gardener included for 9 hours a week, but he has never done more than 5 hours. So we simply employed another gardener for 2 hours a day, not expensive.

We chose to do this as we love where we live plus the gardener is an old gardener been with the family for many many years, other than this our landlord has been very receptive to any issues we have here.

I certainly would not deduct the cost of a gardener from my rent, that is asking for trouble - 1 hour a day for one day only - so anything from Rs55 to Rs100 a week, not worth the hassle, just get someone in to do it.

Good luck

Excellent advice from Gawash.

Mauritius is not a place for trying to seek legal redress. Life is too short....just bite the bullet.

PL