Have you ever wondered what happens to your tenancy if your landlord finds themselves behind bars? The Residential Tenancies Act provides some clarity on this matter, though it may not be as straightforward as you think.
According to the RTA, if a landlord leaves the country for more than 21 days, they must appoint an agent to manage their tenancy. Interestingly, the legislation remains silent on the scenario where a landlord is incarcerated. This raises the intriguing possibility that, theoretically, a landlord could manage their tenancies from jail. However, in reality, this is highly unlikely.
As a landlord, you are entrusted with specific duties that you must fulfil, and as any landlord would know, these duties extend beyond mere paperwork. It is safe to say that managing a tenancy from jail is near impossible, rendering the appointment of an agent essential.
The duties that a landlord cannot perform from jail include:
Given these limitations, appointing an agent becomes not just a legal obligation but a practical necessity. This appointed representative could be the landlord's legal counsel, a trusted friend, a family member, or a professional property manager.
The crucial point to note is that the absence or incarceration of a landlord does not alter the tenancy terms. Both parties – the landlord and the tenant – are still bound by their respective obligations.
That is to say that even if a landlord finds themselves behind bars, tenants are still obligated to pay rent as per the agreement, and landlords must continue meeting their duties to ensure the smooth running of the tenancy.
All in all, the responsibilities of a landlord extend beyond the scope of what can be managed from behind bars and appointing a reliable agent is almost necessary in ensuring the tenancy remains stable and adheres to the RTA.
Ultimately, staying out of jail is undoubtedly the best advice. So, landlords, be mindful of your obligations, and tenants, rest assured that even if your landlord faces legal troubles, your tenancy remains unaffected – the rent must be paid, and the duties must be met.
