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2017/09/13 12:23:50 PM
Topic:
Bad Paying Tenant - How to get them out

TPNLegal
TPNLegal
Administrator
Posts: 28
[If you have followed correct procedure previously to cancel the lease then you do not have to restart again by sending a letter of demand and notice to cancel, you will have to get an eviction attorney to proceed with a PIE application - eviction application. ]Hi TPN Legal, I have a tenant who only paid in full for 2 months rental out of the 9 months that he stays in our flat. he didnt pay any water and electricity for 8 months. After a long battle with him, he didn't pay any rent for July and August at all, plus the unpaid 8 months' water and electricity, he now owes us R16k. We have been using an eviction company recommended by the complex property management company and the recommended eviction company didn't take a proper legal way, so far they didn't manage to evict the tenant. There is also no fomal legal process followed so far as far as we know. We are considering taking a proper legal approach with a new eviction law firm. My question is if I use the TPN service to send the Letter of demand, what will happeb within the 20 days notice when he pays, and what will happen after the 20 days if he does not pay? Will the letter of demand from TPN be valid for sending a cancellation of the contract which later on enables our new eviction law firm to start the eviction process after the 20 days notice? TPN wrote:
The correct formalities are listed below. I am assuming the lease was renewed post-CPA (Consumer Protection Act), renewed after April 1st 2011:
A letter of demand from TPN should be sent informing the tenant that they have 20 business days to remedy, or they will be default listed and the lease cancelled. 20 business days must then be waited, if there is still a failure to fully remedy the debt (breach), then send the tenant a letter of cancellation and blacklist the tenant. The cancellation will then place the tenant in unlawful occupation and they will have to vacate the premises. Failure to do so on their part will mean you must immediately seek legal counsel for an aviction order through the Court.
edited by TPN on 2012/10/11
edited by TPN on 2012/10/11
edited by TPN on 2012/10/11
2017/09/13 12:20:28 PM
Topic:
Do I need to provide reasons for Notice to Vacate?

TPNLegal
TPNLegal
Administrator
Posts: 28
[Hi Geordie, if the lease is a month to month lease agreement then you have to give one calendar months notice to cancel/vacate, you do not have to provide a reason. All notices should be served at the domicile address as per the lease agreement. ]Hi All

I have a tennant who has jeopadised 3 attempts to show potential buyers my house.
He is on a Month to Month lease. I gave him notice for the end of October and so far he has ignored or not responded to the notice.
He is a slimy one, and will probally try to say he did not receive any of the 3 emails or 2 WhatsApps sent to him, his partner and his mother.
How can I serve knowing that I can provide proof of recite. 2 Must I provide a reason for issuing the notice.
2017/09/12 11:38:50 AM
Topic:
Bad Paying Tenant - How to get them out

Seamountain
Seamountain
Posts: 2
Hi TPN Legal, I have a tenant who only paid in full for 2 months rental out of the 9 months that he stays in our flat. he didnt pay any water and electricity for 8 months. After a long battle with him, he didn't pay any rent for July and August at all, plus the unpaid 8 months' water and electricity, he now owes us R16k. We have been using an eviction company recommended by the complex property management company and the recommended eviction company didn't take a proper legal way, so far they didn't manage to evict the tenant. There is also no fomal legal process followed so far as far as we know. We are considering taking a proper legal approach with a new eviction law firm. My question is if I use the TPN service to send the Letter of demand, what will happeb within the 20 days notice when he pays, and what will happen after the 20 days if he does not pay? Will the letter of demand from TPN be valid for sending a cancellation of the contract which later on enables our new eviction law firm to start the eviction process after the 20 days notice? TPN wrote:
The correct formalities are listed below. I am assuming the lease was renewed post-CPA (Consumer Protection Act), renewed after April 1st 2011:
A letter of demand from TPN should be sent informing the tenant that they have 20 business days to remedy, or they will be default listed and the lease cancelled. 20 business days must then be waited, if there is still a failure to fully remedy the debt (breach), then send the tenant a letter of cancellation and blacklist the tenant. The cancellation will then place the tenant in unlawful occupation and they will have to vacate the premises. Failure to do so on their part will mean you must immediately seek legal counsel for an aviction order through the Court.
edited by TPN on 2012/10/11
edited by TPN on 2012/10/11
edited by TPN on 2012/10/11
2017/09/12 10:50:21 AM
Topic:
Partial Payments

Seamountain
Seamountain
Posts: 2
Hi Seandew01, I have a similar situation like yours. Have you got any clarification what is the correct approach in this case.
2017/09/11 03:06:01 PM
Topic:
Do I need to provide reasons for Notice to Vacate?

Geordie
Geordie
Posts: 1
Hi All

I have a tennant who has jeopadised 3 attempts to show potential buyers my house.
He is on a Month to Month lease. I gave him notice for the end of October and so far he has ignored or not responded to the notice.
He is a slimy one, and will probally try to say he did not receive any of the 3 emails or 2 WhatsApps sent to him, his partner and his mother.
How can I serve knowing that I can provide proof of recite. 2 Must I provide a reason for issuing the notice.
2017/08/30 11:58:23 AM
Topic:
What happens ot hte lease when a property is sold

TPNLegal
TPNLegal
Administrator
Posts: 28
The Roman maxim “huur gaat voor koop” forms an integral part of property law in South Africa and has important implications for both landlords and tenants, particularly given that it applies to both individuals and juristic entities.

The premise behind the maxim is that those rights which vest first should trump those rights which vest later in time. In the case of a landlord/tenant relationship, this means that where a landlord sells a property that is the subject of a lease agreement, the tenant’s rights are protected and the purchaser of the property may not cancel the existing lease agreement or evict the tenant. Essentially, therefore, the purchaser “steps into the shoes” of the seller and will be bound by all of the material terms of the lease agreement.

The word “material” is of great importance. The purchaser will only be bound by those terms which directly govern the relationship between the tenant and the landlord. Ancillary terms, such as a right of first refusal in the event that the landlord wants to sell the property, will not bind the new owner of the property. Furthermore, given that the maxim is only intended to protect the tenant’s rights, it will not come to the aid of agents. In the event that the new owner of the property no longer wishes to make use of the services of a managing agent or pay agent’s commission, he will be perfectly within his rights to cancel the agent’s mandate.

The maxim will automatically apply in the event that a property is sold, unless the lease agreement specifically stipulates that it will not apply. In such an instance, the provisions of the lease agreement will trump the common law, and the lease agreement can be cancelled if the property is sold, provided that the tenant is given a reasonable notice period. The maxim will also not apply to properties that are sold in execution, as in such an instance the rights of the bank will trump those of the tenant.

Insofar as rental is concerned, the rental will only be payable to the purchaser once transfer has been affected and the title deed has been registered in the name of the purchaser. The purchaser’s rights only start running from this point and, as such, the purchaser will not be able to claim any arrear rental from the tenant. Similarly, it is only at this point that the tenant’s deposit must be transferred into the account of the purchaser.

It is important that landlords and tenants are fully aware of their common law rights from the outset, so as to avoid any misunderstandings and disputes arising during the subsistence of the lease agreement.
2017/08/30 11:56:27 AM
Topic:
Payment of Lease Renewal Fee

TPNLegal
TPNLegal
Administrator
Posts: 28
[Hi, it depends what the lease agreement states, generally it is for the tenants account.]Hi there
Not sure if this has been asked before (could not find anything) or perhaps should be general knowledge.

In the event of renewing a lease, who is responsible for the payment of the fee? Tenant or landlord?

Does the tenant only pay the lease admin fee on initial lease/ first occupation?

Thanks,
Lloyd
2017/08/30 11:32:35 AM
Topic:
Dispute Rental Agency

TPNLegal
TPNLegal
Administrator
Posts: 28
The landlord must maintain the property fit for the purpose for which it was let. If the landlord fails to honour this obligation, you may demand in writing that he attend to the maintenance. The maintenance in question must be a material breach by the landlord such as no water / electricity, a burst geyser or non-working oven. A material breach does not include missing internal keys, blown light bulbs etc.

If the landlord fails to remedy a material breach you should cancel the lease and vacate the property or take legal action.

If you withhold rent, you yourself are committing a material breach and the landlord can take the necessary action to collect the rent - cancellation of the lease, court order eviction or blacklisting on credit bureaux.
2017/08/30 11:26:27 AM
Topic:
Does the normal notice apply if a tenant passed aw

TPNLegal
TPNLegal
Administrator
Posts: 28
The essence of a lease agreement is that it is a legally binding contract. A lease agreement is therefore subject to all of the laws that pertain to contracts in general.

The law clearly states that the obligations of the parties to a contract will not be extinguished by the death of either party, unless:
the contract contains a clause that specifically states that the contract will terminate upon the death of one or both parties; or
the will of the deceased party specifically states that the contract will terminate upon the death of the party in question.
In most cases, the rights and obligations of the party in question will pass on to the executor of the deceased’s estate. This position was confirmed by the Courts in the well-known case of Lorentz v Melle and Others 1978 3 SA 1044 (T) at 1058C.

This means that if a tenant or a landlord dies, the lease agreement will not automatically terminate unless the lease agreement contains a clause that specifically provides for such termination. In all other instances, the executor will take over the obligations of the deceased party and should be the first point of contact for the other party to the agreement. The rule that applies to all contracts applies to a lease agreement in that the rights and obligations arising from the lease will pass to the heir, as long as the heir accepts the inheritance.
2017/08/29 11:29:05 PM
Topic:
What happens ot hte lease when a property is sold

JayCee
JayCee
Posts: 1
I have a situation whereby my owners have sold their property and have 2 cottages thereon. What happens:
1) to the current leases/tenants
2) to the current set of rules for the leases (ie cottages are serviced / washing is done and water/elec is included in rental)
3) to my commission
4) do the tenants have to stay for the duration of the lease (so as not to be in breach)

Regards
JayCee
2017/08/29 10:13:35 AM
Topic:
Tenant running a business from residential propert

Gamiem
Gamiem
Posts: 2
Q4: Tenant has advised that his bank is wanting to repossess a vehicle taken out in the business name, because there he has no business address. He, therefore, needs me to sign a letter so that there's proof of a business address. What are the risk if I do this?
2017/08/29 10:07:00 AM
Topic:
Tenant running a business from residential propert

Gamiem
Gamiem
Posts: 2
I just found out that my new tenant is using the residential rental property for business purposes. He runs a cleaning/landscaping business and stores several large metal containers in the front and back yards.
Q1: The tenant pays rent on time and in full and I, therefore, do not immediately want to evict them, but what are the risks and implications of allowing this to me?
Q2: My tenant has asked me for a signed letter confirming that I am aware that they store these containers which they use in the business on my property. What are the risks and implications for me if I write this letter?
Q3: My tenant did not inform me that they would be storing these containers at the property. I do not mind at the moment but concerned about the liability that I may be taking on. Should I proceed with terminating this lease? If yes, then how do I proceed?
2017/08/23 04:11:18 PM
Topic:
Payment of Lease Renewal Fee

Lloydl
Lloydl
Posts: 1
Hi there
Not sure if this has been asked before (could not find anything) or perhaps should be general knowledge.

In the event of renewing a lease, who is responsible for the payment of the fee? Tenant or landlord?

Does the tenant only pay the lease admin fee on initial lease/ first occupation?

Thanks,
Lloyd
2017/08/23 11:24:04 AM
Topic:
Dispute Rental Agency

pratiksthakker
pratiksthakker
Posts: 1
Goody Day all ,

I moved into a newplace on 15th of January 2017 . Since the old tenant was still there the agencywas only able to show me the empty apartment for inspection on 13th Jan . Nowwhile inspecting I found number of issues -

1. The mainglass Door doesn't Lock at all. This needs to be fixed ASAP .
2. WhilePainting the walls the paint is spilled on the wall wooden railings and it islooking so ugly . This needs to be fixed ASAP .
3. Apartmentwas not even cleaned . You say there was no electricity , please ask youmaintenance Lady , we tried today and electricity is still not discontinued bythe old tenant it seems .
4. One of theDoor hinges in the Kitchen cabinet is still broken .
5. One of theDrawer in the kitchen missing a Knob .
6. The Oven isnot cleaned at all . Again pictures with your maintenance Department .Thisneeds to be fixed ASAP .
8. The BackGarden wooden Door doesn't get locked from inside .
9. One of theWindow in the small bedroom has a broken Latch .
10. Both thebathrooms are very dirty and the curtain railings have issues .
11. Garage Left Doorlock doesn't work.
12. Garage is notcleaned .

Some of these arereally major issues related to door locks not working properly . Garage stillnot emptied .

I was not evenprovided a single remote for accessing the property as it was promised by themand I cannot register my personal remote before my move date , luckily myfriend stays in the same complex and he let me in during the move day else howwas I suppose to enter the property.

I requested themseveral times over the e-mail and they did not respond in a positive way . Forthe garage they say it should be taken out by the old tenant . I don't careabout the old tenant I rented from the agency .

After 2 months Istarted paying 800 less from my rent amount . This got their attention after2-3 months and they send somebody to fix issues . Not all of them are fixed butthe doors are fine now at least . The garage is still not fully usable becauseof all the stuff lying their .

I asked them if Ishould vacate the property since they are not resolving my issues . They saidit will be a breach and I will have to pay fines .

Now they sent me ainvoice asking for the remaining amount that I did not pay(800 rands for 3-4months) and say they will blacklist me if I don't .

But was it not abreach of contract that they did not give me the property in a livablecondition ? I cannot use the whole garage ?

I am not a local andhave come to South Africa for my work and I feel they are under impression Iwill not take the legal route and they can threaten me or harass me in whateverway they want . They don't reply to y emails , don't pick up calls .

Please suggest whatshould we do . My wife is pregnant and I don't want her to suffer because ofall this and I cannot move on the last moment when she would be in her lasttrimester.
2017/08/22 08:27:26 PM
Topic:
lease Agreement limits tenants to 2 persons BUT

Bratboy
Bratboy
Posts: 122
Hi Sean

I must start by contemplating what dwelling would "not be suitable for children". The only dwelling I can think of would be a nudist colony or loly lounge or perhaps a brothel or house of ill repute.

In the absence of any other explanation I submit your objections and endeavours to terminate the lease are unreasonable.
2017/08/09 08:28:06 PM
Topic:
lease Agreement limits tenants to 2 persons BUT

Seandew01
Seandew01
Posts: 2
One tenant/occupant has become pregnant. Lease Schedule 1.26 specifically states maximum occupants = NO OCCUPANTS OTHER THAN TENANTS. And in section 1.3, there are names of 2 tenants.

When the house was advertised, the advert specifically stated "not suitable for children", and this was reiterated in discussions with the tenants before the lease was signed.

Obviously, just because one tenant is pregnant, this is not grounds for lease cancellation. But when the couple bring home a baby in 4 months, there will be one more "occupant". I wish to give our tenants maximum time to find other suitable accomodation. Do I as landlord have the right to ask for termination of the leaase when a child (baby) is brought into the house?

I am sorry to be in this situation, and am sorry for the stress caused to all parties, but I ahve been clear about the "no children" condition, even though these words were not included in the lease agreement. I thought limiting the tenants to "two" covered the eventuality of a third (child).
2017/08/09 08:05:20 PM
Topic:
Partial Payments

Seandew01
Seandew01
Posts: 2
Dear TPN Legal, I am a user of your Natural Person Residential Lease Agreement, as a landlord. I have a tenant who has been late in payments twice over a 6 month period, but not in consecutive months. Tenant eventually pays a week or 10 days late. I did not write a breach leatter /demand of payment. Because this is becoming a pattern, I am becoming concerned. Article 22.2 states the Tenant must be placed in breach on 3 separate occasions over a CONSECUTIVE 3 month period. So that right to me as landlord to cancel under 22.2 does not apply. Article 23.1.1 Breach of Lease by Tenant states that if Tenant remains in breach for a period of 20 business days, then I as landlord can cancel the Lease. Since tenant is paying late, but pays within the 20 day period, this clause does not give me the right to cancel.

My question is: Obviously, breach notics must be sent, BUT given the above circomstances, do I as landlord have any remedy to cancel the lease going forward if this pattern continues?

Followup: Regarding the assumption "should the provisions of Section 14 of the CPA apply...", HAS it been determined if the Natural Person Leasae Agreement for 2 years IS COVERED BY THE CPA Section 14?
2017/08/09 05:07:40 PM
Topic:
Escalation clauses

Stuart Aitchison
Stuart Aitchison
Posts: 1
I have a property which I am renting out, and the agent through whom I am working has included a ten percent annual escalation clause on a six month lease. I have informed him that, firstly, there in no need for an annual escalation clause in a six month lease, and that, secondly, an escalation clause need not state a specific percentage.

He has informed me that for the first three years a tenant is in occupation of a dwelling (and he is adamant about this), you may not increase the rent by more than ten percent annually. As far as I am aware this is not true, and the ten percent bit is actually a hangover form the old rent control act 1976, which is now redundant.

Would someone please comment or advise on this.

Thanks.
2017/07/25 10:49:30 AM
Topic:
Does the normal notice apply if a tenant passed aw

Hillwood
Hillwood
Posts: 2
Good Day

Kindly advise whether the normal notice would apply if the tenant passed away.
2017/07/20 04:11:23 PM
Topic:
Tenant notice at end of lease period

Ernie
Ernie
Posts: 31
It will depend on the terms and conditions of your lease, but usually the notice period on a month-to-month lease will be one calendar month.

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