recent posts 

9 days ago
Topic: Rental agent threatening to take my deposit

TPNLegal

Administrator

Posts: 88

Hi StormieCloud

Viewings should be conducted at a mutually agreeable time and with reasonable notice to the tenant.

If you feel that the agent has not complied with this and your deposit is withheld, then you are within your rights to approach the Tribunal to hear your case.

 

9 days ago
Topic: Rental Agent Fees

TPNLegal

Administrator

Posts: 88

Hi HeadRush

This will entirely depend on the terms of your mandate agreement. Most mandates contain a clause that states that commission is payable on each further renewal of the lease agreement.

 

9 days ago
Topic: Rental agent threatening to take my deposit

StormieCloud

Posts: 1

Hi all



My husband and I are at the end of our lease agreement term. We have two problems with how our rental agent is handling things in this last month of our tenancy.



The rental agent informed us that he would like to do viewings for prospective tenants, we agreed to that. He then sends a very generic marketing email a few days later with viewing schedules for all their properies. There was no indication in the title or body of the email that we should check it for the viewings of our flat.

He then sends the email out to public without us even agreeing to the schedule days and times.

Afterwards we agreed to Saturday mornings at 11. The agent is continuing to pester us that we have to allow viewings on the Wednesday even though we indicated twice that we would be unable to. All he said was that we must make a plan. We said that we are available on Tuesdays but have had no reply from him yet regarding that.

So the viewing schedule is set up and they had a prospective tenant on one Saturday. The agent did not inform us that they had a prospective tenant for a viewing and he came to our flat. We were not available that day because we had no communication at all that they were bringing someone for a viewing.

The agent now says we are in breach of contract and he is saying that he is going to withhold our deposit because they don't have a tenant yet. He is accusing us of preventing them from getting a tenant before we move out.



This seems unfair to me, but I am not sure who is legally in the right. If the rental agency escalates his threats then I will take it to the rental housing tribunal. But I want to be absolutely sure of my facts.



As far as I'm aware the viewing schedule isn't the same as an actual viewing when they have a prospective tenant. So, should he not inform us timeously when he has someone to view or should we simply be at home every Saturday at 11 no matter if they have prospective tenants or not?

And can he legally take our deposit as a result of this?

 

11 days ago
Topic: Letter of Demand

cvr

Posts: 1

Good day, I am desperately looking for a Commercial Lease Agreement with the Option to Purchase. You can perhaps assist?

 

12 days ago
Topic: Rental Agent Fees

HeadRush

Posts: 1

Good Day

I need your advice to see if this is correct.

I went through an agent to help me find a tenant, the tenant signed a 2yr lease.

For the 1st and 2nd year i was charged 8% + VAT commission, now on the 3rd year when the lease is over they want me to pay them again for aslong as the tenant is staying there.

Is this correct and is there anything I can do?

Thanks
G

 

12 days ago
Topic: Is This legal ?

TPNLegal

Administrator

Posts: 88

Hi Repse636

Yes, this could potentially be legal.

For reference I have included below a link to an article we wrote on early cancellation penalties and what may be charged.

https://www.tpn.co.za/Guest/tpn_blog_post.aspx?id=8224340584904263211

 

12 days ago
Topic: Rental increase from utilities increase,post rent?

TPNLegal

Administrator

Posts: 88

Hi BMGD

This does sound like a complicated system.

Seeing as the utilities are built into the the first 2 tenant's rent, the amount they pay is unaffected. If the 10% is built into all the figures then the higher electricity will be charged to tenant 3 and the brunt of the increased bill will need to be paid by tenant 4.

Could you please give TPN's legal department a call on 0861 876 000, I would like to discuss with you how you could go about restructuring these 4 agreements.

 

2019/07/18
Topic: Rental increase from utilities increase,post rent?

BMGD

Posts: 1

I've just bought a rental property with 4 tenants effective 5 July. June's utilities bill (water, lights, refuse & sewerage) has arrived now in July and includes around a 10% increase not factored in by the seller. 2 of the tenants rents include the utilities, the other tenant includes just water, refuse & sewerage but not lights, and the forth pays the remainder. Not ideal way to work it but it's the system I've inherited.

The seller, who needs to pay June's bill wants to increase July's rent to pay for this but they are no longer the landlord and so want me to increase July's rent (which has been paid already) to pay for this or to charge double the increase for August's rent to cover July's increase.

I'm not sure how this should work? Any suggestions

 

2019/07/18
Topic: Letter of Demand

TPNLegal

Administrator

Posts: 88

Hi GMAT

Please contact us on 0861 876 000. We will happily walk you through the process.

 

2019/07/18
Topic: Information on Payprop

TPNLegal

Administrator

Posts: 88

Hi MJ

I would suggest that you get in touch with payprop directly regarding this question.

 

2019/07/18
Topic: Joint Tenant Parties

TPNLegal

Administrator

Posts: 88

Hi Ivanderlaan

If the juristic entity has an asset value or annual turnover of less than R2 million then it is definitely not a problem as the consumer protection act will apply and the same rights will be provided to the juristic and the natural person.

If the juristic person's asset value or annual turnover is more than R2 million then I would recommend that you enter into the lease with just the juristic entity and have the natural person enter into a deed of surety on behalf of the company.

 

2019/07/17
Topic: Letter of Demand

GMAT

Posts: 2

Hi! Can you please tell me where I can get this letter of demand? I am using Rentbook but I could not find it. Is is available in Word so I can just populate? I need to send one asap.
Thank you.

 

2019/07/15
Topic: Information on Payprop

MJ

Posts: 5

I would like to know if an agent using Payprop can opt/select NOT to send a landlord any owner or financial statement or is this an automated feature of Payprop.

 

2019/07/15
Topic: Joint Tenant Parties

lvanderlaan

Posts: 1

Can a juristic entity (a company) and a natural entity (individual not associated with the juristic entity) jointly sign as the Tenants of a lease agreement? The Landlord is a natural entity.

 

2019/07/09
Topic: Installing Pre-Paid electricity meter

Debbie Buck

Posts: 24

Bratboy wrote:

Hi Janine

Save for anything to the contrary in the lease agreement i don't believe you need to give any notice. Equally so i don't believe the tenant can refuse / prevent the installation of a pre-paid electrical meter. You, as the property owner, have the right to any maintenance and or alterations to your property that you deem fit.

I invite the debate.

To be courteous you should make reasonable arrangements. Sweeten the pot with a R 200 once off pre-paid voucher.

Measure your actions with conduct of the tenant and or the tenants history.

** How much notice does a tenant (squatter - illegal occupant) need notice to install a prepaid water meter?

 

2019/07/04
Topic: Credit check on Zimbabwean passport

TPNLegal

Administrator

Posts: 88

Hi Madri

Yes you can.

When you are on the credit check page, select the passport option and you can insert the passport number.

If you are having difficulty, please contact our Helpdesk on 0861 876 000 and one of our staff will be happy to assist you.

 

2019/07/04
Topic: Rental Deposit

TPNLegal

Administrator

Posts: 88

Hi Eamonn

The agent is responsible for carrying out the repairs as soon as reasonably possible.

If you have not received your deposit back, then you should approach the Rental Housing Tribunal and seek relief through them.

 

2019/07/04
Topic: finalize contract

TPNLegal

Administrator

Posts: 88

Hi Tonyburgos

If you do not have a clause in your lease allowing for cancellation in the event that you intend to sell, then you have no option but to negotiate a mutual termination of the lease.

If you make use of the latest TPN lease agreement then you can cancel on 2 calendar months' notice to the tenant.

 

2019/07/04
Topic: Automatic continuation of lease period

TPNLegal

Administrator

Posts: 88

Hi Mithasha and Lelo

The onus remains on the landlord to obtain that contract renewal. If no renewal is agreed the tenant may advise that they are vacating at anytime up till the expiry of the lease and they may leave free from penalty.

 

2019/07/04
Topic: How to recover agents commission from early termin

TPNLegal

Administrator

Posts: 88

Hi AB217

You can recover this, pro-rata, as part of the tenant's cancellation penalty