http://forum.tpn.co.za/recent.aspx TPN Agent Forum - Recent Posts en-us http://www.tpn.co.za TPN Forum Mon, 13 May 2013 16:07:05 GMT Mon, 13 May 2013 16:07:05 GMT 2013/05/20 05:16:08 PM http://forum.tpn.co.za/topic629-fees--deposit-and-contract-renewal.aspx
1. In terms of the Retail Housing Act and now the Consumer Protection Act the "Agent" can only charge you for the expense that they have incurred. e.g. if they have to buy their contract they can charge you for it. Ask the agent to provide proof of payment of the expense they incurred.

2. "Top-Up" on your deposit is legal on condition the lease agreement provides for it.

3. Changes to the lease agreement without your consent is illegal and is tantamount to "Fraud", in the event the "Agent" made changes to the rental amount.

In summary, it is common practice, in the absence of the correct extension clause in a lease agreement, that upon the anniversary of the lease, the “Agent” or Landlord invites the tenant to renew the lease. In effect they must re-write out a new lease agreement present it to you and then conclude the lease. This would then justify the charge (R250 / R 400) as a new contract needs to be purchased. In practice the “Agent” gets lazy and just changes the rental amount. A very weak practice and open to abuse. (besides it will be difficult to motivate to the court what was they final agreement).

In terms of the CPA this “negotiation must be concluded 40 to 80 days prior to the anniversary.

Advice.

Document your concerns and in the event the Agent gets difficult you can approach the Estate Agency Affairs Board for relief.

Politely ask the agent to provide you with a new and comprehensive lease agreement, without errors and changes.

REMEMBER, the rental housing act was promulgated to assist in providing housing. All parties, Tenants, Landlords and Agents must adhere to the guidelines within the act in order for this “Housing” solution to be viable. A good attorney will point to whoever is abusing this. In other words you as a tenant must keep your house in order to claim the protection of the RHA.]]> Mon, 13 May 2013 16:07:05 GMT http://forum.tpn.co.za/topic629-fees--deposit-and-contract-renewal.aspx
Could I have some advice regarding the above.

Iv been a tenant at my existing flat for about 4 years, and for the last two years Iv had to pay a "contract renewal fee" - I find this to be absolutely ridiculous as all that the agent does is change the dates and prices and signs. The cost for the changes has been R250 last year and now R400 for this year. Really?? Where does this money go and what is the objective of having this fee? I’ve got many a friends with different agents who don’t charge for this fee as well as the escalation in my next question.

My last question is that I now have to pay IN to my existing deposit. I’ve never, ever, had to pay into my deposit at any property I have ever rented until this year. Am I forced to pay into this deposit - or do I have a leg to stand on here and not pay.

And lastly, price changes were made to my contract after id signed it (due to a book keeping error). The company scratched out and rent sent the contract and did not initial the changes and want me to initial next to the changes - is this legal? (And then I must still pay R400 as a Contract Renewal Fee).

I’m sure you can understand my frustration. I’ve been an exceptional tenant and pay my rent on time every month, and never give hassles. I really think these fees are very unnecessary.

Thank you kindly.]]> Mon, 13 May 2013 11:26:28 GMT http://forum.tpn.co.za/topic628-refusal-to-refund-deposit.aspx Thu, 09 May 2013 09:41:04 GMT http://forum.tpn.co.za/topic628-refusal-to-refund-deposit.aspx
We have an issue with our previous landlord not wanting to refund our deposit of R12,500. In fact he now claims we owe him money.

It started where we wanted to rent a property and weren't sure if were going to stay the full year as per the agreement. The estate agent told us that it is not a problem, there is a 2-month notice period and we can exit the agreement by giving 2 months' notice.

However, we learnt that under the CPA you can give 20 working days notice. The loandlord refused to accept this. Eventually we offered to pay 1 and a half months rent, where we only stayed on for one month. We considered the additional half a month to be more than "reasonable" damages. He has since got a new tenant at the property. The rent was quite expensive at R12,500.

He now makes a claim against us for the following:

- The other half a month's rent (the full two months rent in other words - ignoring the CPA completely) of R6,250.
- Over R1,000 worth of repairs - and he refuses to send us the invoice for this? By the way - even the estate agent said we left the place in ammacculate condition and could not find any fault upon inspection.
- He also charges us for pool maintenance and electricuty to run the pool for the second month (after returning the keys)
- And then he wants to charge us just short of R10,000 to find a new tenant....

Surely under the CPA "reasonable" does not mean cheating someone like this. I still believe the R6,250 that we paid over and above the first month's notice was sufficient.

Any help will be appreciated as we desperately need the money he owes us.

Thanks]]> Sun, 05 May 2013 17:08:06 GMT http://forum.tpn.co.za/topic627-notice-period-2-months.aspx
Tell the Estate Agent they are talking rubbish or that they must learn to read.

In terms of section 14 of the CPA you are only required to give 20 working days notice in writing.]]> Tue, 30 Apr 2013 02:41:17 GMT http://forum.tpn.co.za/topic627-notice-period-2-months.aspx Needless to say this could cause me to lose the new place.
Please, can anyone confirm this and is there anything I can do?]]> Mon, 29 Apr 2013 13:48:47 GMT http://forum.tpn.co.za/topic626-deposit.aspx Mon, 29 Apr 2013 13:20:17 GMT http://forum.tpn.co.za/topic626-deposit.aspx
We have made pease with the water accounts and will pay them although it sound way too expensive for two people. But the problem is they don't want too accept that it will need to go off our deposit as we can't afford to pay that amount. That is why I said they must keep the deposit till all the water bills are subtracted and any damages but they want the money upfront.

So I want to know if they legally have a foot to stand on and if I am wrong. But as far as I know I'm trying to do the right thing by moving now before we can't afford the water at all.

I've given written notice on the 1st April and we will be moving end of the month.

We have asked for the accounts and the previous tenants accounts which was all under R1300 and they were more than 4 people in the house but never paid the accounts. They sent our accounts and it has city of cape town logo with VAT on so it looks legit

Please let me know if you need more info.]]> Mon, 15 Apr 2013 15:19:18 GMT http://forum.tpn.co.za/topic626-deposit.aspx
I am afraid the info you have given is not sufficient to give you any advice.

You can in terms of Section 14 of the CPA give WRITTEN notice giving 20 WORKDAYS notice but there may be penalties.

In terms of the Rental Housing Act 1999 you must get a copy of the Water and Electricity (Sewerage and Refuse) account. YOU ONLY PAY FOR CONSUMPTION. ALL TAXES are for the landlords account. (an easy test is, if it has VAT on it is most likely for your account, if it has NO VAT on it it’s most likely for the landlords account, as TAXES (Rates and TAXES, Levy's) do not entertain VAT.

The Landlord may enter the property at any REASONABLE time as long as he has notified you.

Ask the rental agent for a full account in terms of the RHA and the Estate Agent Affairs board rules. GET PROOF that you deposit is been held in an interest bearing TRUST ACCOUNT. (an Auditors report will do). Get copies of the agents and the agencies current Fidelity Fund Certificate and a certified copy of the lease agreement.

IF you have not given written notice, confirm your “Verbal” notice in writing NOW.

Unless you give further info I cannot help you any further.]]> Mon, 15 Apr 2013 14:54:33 GMT http://forum.tpn.co.za/topic626-deposit.aspx
I would like some advise on my deposit. We moved in a few months ago and unfortunately we will have to move as this property has water accounts which is way out of our budget.

We get accounts for 2 people that is R3000pm so we can't pay that and decided to move before we can't afford anything.

So we asked the rental agent to deduct it from the deposit as we don't have that kind of money and keep the deposit until the last bill goes off and the rest he can pay back after all deductions but they refuse and now doing legal action.

So far we have been more than willing to help and I have advertised for new tenants etc. The owner even threatened to enter the premises at one stage and didn't want to negotiate on an appropriate time.

Is this right or do i have a foot to stand on?]]> Mon, 15 Apr 2013 13:49:26 GMT http://forum.tpn.co.za/topic625-notice-to-not-extend-lease.aspx
Considering that the act says that the landlord must send notice to the tenant 40-80 business days to the tenants informing of the expiring lease and asking to extend, but this landlord did not do that?
edited by davidbann on 2013/04/10]]> Wed, 10 Apr 2013 08:48:14 GMT http://forum.tpn.co.za/topic625-notice-to-not-extend-lease.aspx Wed, 10 Apr 2013 08:38:58 GMT http://forum.tpn.co.za/topic625-notice-to-not-extend-lease.aspx
This is a very interesting problem?

In term section 14 of the CPA she is entitled to give 20 working days notice regardless of what the lease agreement says. Effectively what this does is to limit the “Usage” charges and the “Risk” (Maintain property / security / etc) to 20 working days.

The Landlord may charge "Reasonable" damages. (which cannot be of such a nature that the tenant will be discouraged to do so).

The dilemma is the landlord has the Deposit? If the Landlord pursues the action all it will be is to ratify him retaining the deposit, a waste of money. If the tenant starts legal action I doubt is she will be able to justify a cost order. Spending good money after bad.

What is the amount? Anything under R 8,000 is not worth it to go to the magistrates court. The small claims court will give R 12,000 order, but in this case I think it is 50/50.

Good Luck

Let us know what the outcome is.]]> Tue, 09 Apr 2013 19:38:46 GMT http://forum.tpn.co.za/topic625-notice-to-not-extend-lease.aspx
Her lease is for 6 months and ends 30 April 2013. The lease states that either party must give 2 months notice of termination. She informed the landlord on 1 April 2013 that she will not extend the lease. Her landlord says that she will loose her deposit if she does not give the full 2 months notice.

That being said:

• Does she have to give 2 months notice even though the lease was expiring anyway?
• She gave notice on 1 April 2013, but the landlord declined, so if by law she could have given notice, will the landlord have some sort of claim against her now that things have "dragged" on a little? (he could say he hasn't had time to advertise now or something)
  
• Will the landlord have any claim against her if she leaves 1 May? (other than obvious things like damages etc)
• If she wants to fight this, how does she do it? What sections of the various acts must she reference and who must she deal with / what process must she follow?

Thanks in advance for the help
Regards,
David]]> Tue, 09 Apr 2013 15:42:28 GMT http://forum.tpn.co.za/topic623-building-standards-and-damages.aspx


Does reasonable wear and tear apply by any means in this case, since this is then exactly what is happening here or am I wrong? By no means am I trying to find a solution that is not backed by the law but rather an answer that can prepare me for possible losses. Am I in this case in any way legally protected. If not, I can certainly still get away with it by simply removing the doors and re-attach them when I leave - as crazy as this sounds. But in my view, I rather do that than carry the financial losses for someone else's bad planning. I just want to be prepared in time. Rather late than sorry, I guess.]]> Sun, 07 Apr 2013 22:52:19 GMT http://forum.tpn.co.za/topic618-new-flat-geyser-repair.aspx Sun, 07 Apr 2013 21:09:58 GMT http://forum.tpn.co.za/topic617-deposit.aspx Sun, 07 Apr 2013 21:04:43 GMT http://forum.tpn.co.za/topic623-building-standards-and-damages.aspx
The Rental Housing Act in addition to the Unfair Practices Regulations make it quite clear.

Save for the responsibilities as stipulated in the lease agreement, resultant out of the inspection, the landlord is only obligated to fix faults to the roof, walls, electric wiring / system and the plumbing.

In other words if you did not stipulate it in the lease agreement that the landlord will fix it the landlord is not obligated to fix it.

In my view you have not merit in your claim / demands.]]> Sun, 07 Apr 2013 20:28:35 GMT http://forum.tpn.co.za/topic624-reporting-a-landlord.aspx
I have recently assisted my cousin in a very similar matter.

The measure is with section 5(3) of the Rental Housing Act.

The test is: did the landlord, (and it is the landlords responsibility), do an "on Occupation" inspection and did the landlord do a "on Vacate" inspection.

If either one or neither one has been done you are entitled to a full refund of your Deposit including interest within seven days from the date you vacated the property. Read section 4, 5, 15 and 16 of the act in addition to the unfair practices regulation.

Failing to refund you, you have the right to report them on this very same web site in addition to hellopeter.com.

I suggest you claim via the small claims court in addition to lodging a complaint at the Rental Housing Tribunal as to the conduct of the Landlord.

It seems to me Landlords have the perception that they are above the law.

In our matter, (my cousin and I), we claimed via the small claims court, lay a complaint at the Gauteng Rental Housing Tribunal and asked that the landlord be fined to the extreme i.e. a Fine and a Jail sentence not exceeding 2 years, (which the act provided for), in addition to placing a criminal charge for theft as the landlord refused, even after a court order, to refund the Deposit.

It all takes time. Don’t expect immediate results. (Paper is Patient)

Upon her conviction we then, armed with the court order, approached Trans Union ITC to place an adverse entry on the individuals Credit record. They obliged.

I understand, from the attorney who represented her in the Criminal hearing, he has an outstanding account that now exceeds R 100,000 and has in fact withdrawn due to non payment. We await the outcome of the criminal trial. Upon conviction we will in a terms of Section 300 of the criminal procedures act apply for relief, i.e. compensation for damages.

So to answer your question, YES YOU CAN!. It just takes time and effort.]]> Sun, 07 Apr 2013 20:18:04 GMT http://forum.tpn.co.za/topic624-reporting-a-landlord.aspx


I am a home owner as well as a tenant at the same time. My house that I own is in Cape Town but I live and work in Gauteng, therefore I have to rent.




My question is, is there a website that one can actually report a landlord for being dishonest and vindictive and out "to get you"?




I am sure that many of you (landlords) will agree with me that in the case where a landlord is a tenant, the tenant tends to look after a place better than a tenant who does not own a property.




I am in the predicament where we have handed in a snaglist within the time period and, thereafter within a short span of time reported anything else that was picked up by us and needed immediate repair and have taken photos as proof. The incident that I refer to is that this particular unit had wooden blinds. On taking occupation we noticed that some of the blinds were broken and reported it. Two weeks down the line after we had found our feet and everything in its place, we pulled up one side of the blinds and the corners of the blinds broke off. On closer inspection we found that most of the blinds have hairline cracks. I phoned the relevant company who manufactures these blinds and discussed it with him. He advised that these type of blinds have a short life span depending on direct sunlight etc and that it should be treated with oil which can be sprayed on it for a longer life span. I then reported this to the landlord and she refused point blank to have it replaced and said we were negligent. Needless to say, when we moved, she refused to pay our deposit back and also added a list of "damages". We took photos to prove that we left the premises in good order, neat and tidy. We waited 2 and a half hours for her to pitch to inspect and she never showed up, forcing us to leave the keys with the security as it was getting dark and late and we still had to unpack at our new home.




This is one of many problems we were facing with her. In the end we could not wait to rent somewhere else.




She also listed us as non-payers and "damage" done to her property and threatened to have us blacklisted (at TPN). We have the proof that we have paid her on time, photos taken that the place was left neat and tidy (nothing broken). Isn't this landlord abusing her authority as a landlord?




Are we just being unreasonable or does our case have merit?




Thank you,

Martha]]> Thu, 04 Apr 2013 15:12:52 GMT http://forum.tpn.co.za/topic623-building-standards-and-damages.aspx

I will appreciate your input in the following matter with respect to some guidelines please.




How does one determine whether a property is build according to the South African building standards. If it does not comply, who is responsible for damages that might be disputed and be related to such standards.




In this case specifically the kitchen sink and its cupboard: The cupboards has been installed just before I moved into the rental house. I noticed that I find it difficult to keep the cupboards dry while washing the dishes. I notified the agents, who in their turn talked to the landlord. The landlord claimed that the basin is shallow and that I should just be careful but will be held responsible if damages occur. It is nearly impossible to wash dishes in a kitchen without dripping water. Taking it further, it is certainly normal for a whole family, children inclusive) and cleaners to use the taps in the kitchen on a frequent basis. Is it reasonable to expect from the tenant who signed the lease to be responsible for water damages to the cupboards if the water spills over the edge of the basin, leaking underneath the dripping edge and making contact with the cupboard doors. I have included photos and will add the number of the photo in brackets in my discussion below where applicable.




The doors has been attached in such a way that it is probably less than 5mm below the dripping edge of the sink. Thus, water that spills over the edge of the basin makes direct contact with the doors (20130117_082724) Furthermore, there is no space between the cupboard doors, as a result that the melamine keeps chipping off at the edges and the door does not properly close without proper intentional assistance (20130117_082724, 20130117_082801, 20130117_082736). Also, the hangover of the basin probably does not exceed the cupboard door by more than 2mm (20130117_082724). The counter top is not properly joined either, absorbing water as well. (20130117_083037, 20130117_083046). Furthermore, the fitting that fixes the tap to the sink was so rusted that water leaked through the hole between the tap and the sink, dripping water inside the cupboard, leaving watermarks on the new shelving as well.







Another matter involves watering the lawn. I am staying very close to the beach and the soil on the property is very sandy. Moving here, I was really amazed to see that grass actually does gow in such sandy soil. Well, until I had to start watering it. It turns out (as can be expected) that the soil does not keep the moist for long at all. Taking into consideration that this property is a little smallholding with a huge lawn, can it be expected that the landlord adds a proper topsoil to the lawn in return for me to keep the grass green? Signing a lease and committing to look after the garden is certainly reasonable and to be expected and since I love a beautiful garden as well as a lawn, I have no problem doing so. But can it be considered reasonable to grow grass in conditions that does not favour the circumstances? Can it be expected that something be done to ensure proper irrigation and growth without having a huge water bill that I believe would have been otherwise if said action is taken?




Being a landlord as well as a tenant, I came to understand how difficult it can become for all parties (tenant, landlord, and agent) which raised my own awareness with respect to issues like these that I took for granted in the past and it is for this reason that I find your website incredibly valuable.





Your feedback will be highly appreciated.]]> Thu, 04 Apr 2013 00:12:34 GMT http://forum.tpn.co.za/topic622-notice-to-terminate--vacate.aspx Thu, 28 Mar 2013 10:23:05 GMT http://forum.tpn.co.za/topic622-notice-to-terminate--vacate.aspx Wed, 27 Mar 2013 11:29:01 GMT http://forum.tpn.co.za/topic588-early-cancellation-of-rental-lease.aspx Thu, 21 Mar 2013 09:13:41 GMT http://forum.tpn.co.za/topic607-banks-and-tenants-deposits.aspx Thu, 21 Mar 2013 09:12:46 GMT http://forum.tpn.co.za/topic617-deposit.aspx
We will only have clarity on this issue once a judgement has been made on such a case. the CPA will be a very contencious issue until we see some propper cases gone through court. The problem I see is that the CPA overlaps so many other laws.]]> Fri, 15 Mar 2013 21:25:56 GMT http://forum.tpn.co.za/topic618-new-flat-geyser-repair.aspx a bit late reply from me, Geyser should be covered under the warantee of the manufacturer.

The property before transfered or occupation certificate issued should have had COC (Certificate of compliance) or as simply put a Electrical Certificate issued, the Electrical contractor that issued the certificate should remedy the electrical faults at his own cost, if they refuse report the issue to the Electrical Contractors Board.]]> Fri, 15 Mar 2013 21:13:42 GMT http://forum.tpn.co.za/topic622-notice-to-terminate--vacate.aspx


We obviously have a deposit in trust. Can this now be paid over to the landlord in leui of rent outstanding? The contract has formally been terminated, we have followed the LOD with its 20 bus days plus blacklisted, sent written notice of termination and notice to vacate. The landlord has financial obligations which need to be met.




Also seeing as this was a 2 year contract which is now in its 12th month, the landlord feels that he does not want to give the property back to us after this tenant leaves as he thinks as most landlords do that we should simply have kicked them out. We therefore face the loss of 14 months worth of income due to tenants breach. Can an agent take the tenant to small claims court or something to recover the loss of projected income?




We are a small agency who are dependent on all of the income as we live off commission.]]> Fri, 15 Mar 2013 12:25:58 GMT http://forum.tpn.co.za/topic621-eviction-process.aspx
What gave rise to your "Ex-Parte" application? Give us the context / history leading up to the court action.]]> Thu, 14 Mar 2013 12:21:32 GMT http://forum.tpn.co.za/topic621-eviction-process.aspx
Regrettably I am not an Attorney and have no legal knowledge.
Perhaps an Attorney on the site would be able to offer a reply?

Regards
Di]]> Thu, 14 Mar 2013 08:35:37 GMT