recent posts 

3 days ago
Topic: Undisclosed "Utility Costs" and no Lease Agreement

MaPasi

Posts: 3

Thank you very much for your response.

TPNLegal wrote:

Hi MaPasi

I highly suggest that your sisters approach the Rental Housing Tribunal in this matter.
It is irregular to hold a tenant liable for these charges where no lease has been sent.

 

4 days ago
Topic: Undisclosed "Utility Costs" and no Lease Agreement

TPNLegal

Administrator

Posts: 74

Hi MaPasi

I highly suggest that your sisters approach the Rental Housing Tribunal in this matter.
It is irregular to hold a tenant liable for these charges where no lease has been sent.

 

7 days ago
Topic: Undisclosed "Utility Costs" and no Lease Agreement

MaPasi

Posts: 3

Also, the water charge is ludicrous - with almost R200 being charged for water consumption. For one student, who does not even have a laundry machine - that is insane. I am living with a tenant, there is two of us, with two laundry machines in the house - and we don't even consume more than R150/month of water combined.

 

7 days ago
Topic: Undisclosed "Utility Costs" and no Lease Agreement

MaPasi

Posts: 3

Hi there,

My sister is a bursary funded student who recently moved into student accommodation. During the viewing and move-in my other sister (who is the 'lease' holder due to my sister being a 'minor') was present in all encounters with the agents. When she (my sister the lease holder) was contacted by the agent to advise her of the outcome of the application, she requested she be sent the lease - no lease was sent, but only a quotation was sent with the breakdown of the costs. My sister the lease holder settled the deposit and half of the first month (as agreed with the agent) and thereafter, the sponsor settled the annual rental (settling all costs owed to the agent) with the agent. A month later, my sisters (both lease holder and student) are invoiced with an invoice charging them for water and gas usage. My sisters both are surprised and mind boggled at this considering they were only informed of the pre-paid electricity metre costs, which the student is accountable for. There is still no signed lease at this stage. The agent claims they were told (which is a lie - because we would've never chose that building had we known as they went to view several units that week and that one was one of the more expensive units), should have known because it is in fine print on the quote which state 'Monthly Rent excl. Utility & Parking Costs'. Also, they claim that the gas charge is separate to the pre-paid electricity charge because they use a gas to warm water for units and each unit has its own meter for this. They are now using a signed in-going inspection form - which has a 'Hot & Cold Water Meter' - with no explanation of what that really is as their leg to stand on saying that my sister agreed that they were going to be billed for water and gas. Yes, the form is signed but both my sister had absolutely no knowledge of what it referred to or what it was for and said they ignored it by leaving it blank - all they signed for were all the items that are visibly ticked by them on the in-going inspection form. They are refusing with the municipality bill. Instead, they are now shoving a written lease agreement down sister's throat. What is our recourse at this point?

 

18 days ago
Topic: Tenant defaulting on court order for payment

IRATE

Posts: 2

Not sure how i list him here for others not to be taken

 

21 days ago
Topic: Tenant defaulting on court order for payment

IRATE

Posts: 2

I have a tenant who did not pay for 8 months (Time taken for eviction ) Court ordered him evicted and payment of all outstanding as well as legal fees.
We expected him not to pay and he didn't. Lawyers say we need to issue a writ , however not much value in his goods. Essentially he will get away with almost R250K of outstanding !!
The legal system, even if you get eviction, doesn't get you your lost money back. Not worth the effort other than eviction order

 

22 days ago
Topic: Foreigner without proof of payslip and SARS tax #

janharm01

Posts: 3

Thank you for the feedback. Yes I did get 3 months bank statements and through TPN confirmed the bank account. Everything checks out ok. Will look for other applicants and keep this one on the back burner pending number applicants.

 

28 days ago
Topic: Foreigner without proof of payslip and SARS tax #

TPNLegal

Administrator

Posts: 74

Hi janharm01

Have you received a copy of the tenant's bank statements showing that the money is going into the account?

There are definitely some red flags here that you should consider if you are to place this tenant.

If you have other applicants I would first look at them before considering this tenant.

 

28 days ago
Topic: Foreigner without proof of payslip and SARS tax #

janharm01

Posts: 3

Good day all. I have received an excellent application from a foreigner. Credit rating "A", passport and work permit, and good salary showing good affordability.

My concern is that this person does not receive a payslip and does not have a SARS tax number. They reported their gross salary on the application form and left deductions blank, on the bank statement it shows income as per their recorded gross salary. Assuming from this that there are no PAYE deductions.

Current managing agent from whom they are letting reported they are sorry to see the tenant go as they no issues and paid on time.

This does not appear to be above board. What is the risk of accepting this tenant?

 

2019/03/04
Topic: Should Rental/Deposit returned if tenant never mov

Angie Botha

Posts: 4

Thank you, that was most helpful.

 

2019/03/04
Topic: Should Rental/Deposit returned if tenant never mov

Angie Botha

Posts: 4

Thank you so much, that was most helpful.

TPNLegal wrote:

Hi Angie

You are exercising a common law principle of delict, so there is no legislation to point to.

You can point out that you relying on their representations has lead to you suffering damages that they are liable for.

 

2019/03/04
Topic: Procedure on death of the Landlord?

CathyK

Posts: 5

Thanks so much for your reply, plus the telephonic advice received - you guys have been a huge help in this!

 

2019/03/04
Topic: Should Rental/Deposit returned if tenant never mov

TPNLegal

Administrator

Posts: 74

Hi Angie

You are exercising a common law principle of delict, so there is no legislation to point to.

You can point out that you relying on their representations has lead to you suffering damages that they are liable for.

 

2019/03/04
Topic: Procedure on death of the Landlord?

TPNLegal

Administrator

Posts: 74

Hi CathyK

The process will need to be handled by the executor.

1. They will open a new account which the rental can be paid into and the management costs can be paid out from.

2. Once the estate is finalised, the original lease will remain in place, the new owner is automatically substituted for your father-in-law under the contract.

3. You may cancel this mandate as they are not providing management services.

 

2019/03/04
Topic: Should Rental/Deposit returned if tenant never mov

Angie Botha

Posts: 4

@TPN Legal. What do i point to, to show her that i acted according to my rights? Can you give me some kind of reference? Thank you, Angie

 

2019/03/04
Topic: SARS TAX FOR RENTALS

TPNLegal

Administrator

Posts: 74

Hi Thati

Yes, you will incur tax on rental income.

I suggest that you get in touch with a tax consultancy to assist you.

 

2019/03/04
Topic: SARS TAX FROM RENTAL INCOME

TPNLegal

Administrator

Posts: 74

Hi Thati

Yes, you will incur tax on rental income.

I suggest that you get in touch with a tax consultancy to assist you.

 

2019/03/04
Topic: Should Rental/Deposit returned if tenant never mov

TPNLegal

Administrator

Posts: 74

Hi Angie

Based on the fact that you acted in good faith based on representations by the tenant that they were taking the property, by taking that property off the market, you can claim damages in the form of that March rental.

 

2019/02/25
Topic: Procedure on death of the Landlord?

CathyK

Posts: 5

Hi, I hope someone can assist me with the following:

I manage a rental property on behalf of my Father-In-Law, who passed away last week. The property will ultimately be inherited by a family member, and we are happy for the current tenant to remain in the property, should he want to do so, which I'm fairly sure he will.

My question is regarding the interim process, while the estate is being wound up, and what procedure we have to follow in terms of the following:

1. my understanding is that my father-in-law's bank accounts will be frozen, so where should the tenant be paying the rent, and how do I pay utilities and management fees when the account is frozen?

2. once the estate has been finalised, if the current tenant wishes to continue renting the property, I assume the current lease agreement will be terminated regardless of the lease end date, and a new lease drawn up with the new owner as landlord?

3. the current lease names the estate agent who originally found the tenant - 5 1/2 years ago - the agent has performed no other duty since, but she had a verbal agreement with my father-in-law that he would pay her a 5% fee monthly, so we have continued to pay it as the same tenant is still in the property. What happens when we draw up a new lease with the same tenant but a new landlord - are we obliged to continue to pay this fee, or can we terminate it?

Any advice and input will be greatly appreciated!
Thanks

 

2019/02/21
Topic: SARS TAX FOR RENTALS

Thati

Posts: 2

Dear All

How do I go about paying tax to SARS with income from rentals? I pay personal income tax and municipal taxes, will I be expected to pay additional tax,from rental income- R8000?

Thank you in advance for comments.
?