Treash:
I was briefed by a friend, to discuss the trending issues between landlords and tenants especially on caution fees. It's quite expedient to discuss the generality of this fee to be payable by tenants and its essence.

Caution Fee is basically a security deposit which is determined by the landlord and usually held to ensure compliance with the use of the rented property. Therefore in case any damage occurs during the tenure of the tenancy, the cost of repairs will be deducted from the caution fee when the tenancy ends. If no damage is done, the caution fee will be refunded to the tenant in full. Several unscrupulous landlords have however taken undue influences on their tenants by refusing to make a refund of same after demand, even where no damage has been done on the property. It's however advisable that certain precautions should be taken by the prospective tenant before any payment is made to the landlord.

1. Lease Agreement: Prospective tenants are advisable to go through every line and wording of the tenancy agreement prepared by the landlord in that regard. If no tenancy agreement is available, tenants should kindly insist that a tenancy agreement be prepared in order to ascertain and reflect every money they're paying. As a tenant, do not hesitate to involve your personal solicitor to assist in going through the agreement and interpret same before signing. Also get a copy of the signed agreement.

2. Photographic evidence: As a prospective tenants, you are advisable to take a photo shoot of the physical status of the entire property, this will enable both parties to juxtapose the state of the property before entering and when leaving.

3. Property valuation: In some places, some tenants goes a long way to involve an unbias real estate valuer to access the condition of the property. The report of same might be attached to the tenancy agreement for reference purpose when leaving the apartment.

4. Make report of damages: Tenants are advisable to report any damage observed in the apartment, such as leaking roof, and electricity connection error; this will enable the landlord to take note of the damage.

5. Obtain permission to repair: The written consent of your landlord or his representative must be obtained before you carry out any substantial repair on the property.

Tenants are therefore at liberty to make a demand in writing for a refund of the caution fee when leaving or instruct their solicitor to do so. Where the landlord refuses to honor the request, such tenant can sue the landlord for a breach of contract.

Barr Ayo Adeolu Aderinto.