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8 days ago
Topic:
Tenant threatening squatter rights

Pereira03
Pereira03
Posts: 1
I had a couple move into my garden flat in April 2017. My first mistake was being too trustworthy to begin with. When they first came to view, they were very excited and really wanted the place and were really eager to sign the lease. The next day they brought the "deposit" and were ready to sign. I emphasized to them that that installment would be the deposit and that their rent would be due the day that they moved in. That was mistake number 1. I should not have let them sign a lease without the deposit and rental. The day they moved in, they put less than half the rental into my account and pleaded that I use their initial installment as rental and that smaller amount towards their deposit. They said that it has really been a difficult time with all the costs of moving into a new place. The trustworthy and lenient person I am fell immediately into this trap that a year and a half later has left me absolutely desperate. I am still waiting for a deposit and have been listening to excuse after excuse. A few months ago, I had to use what ever deposit that there was to pay for outstanding rent which they never replaced. This month they short paid once more. We started off in good terms but now we don't see eye to eye on anything. They are get drunk and shout obsenities, their dogs are destructive and causing such stress that I can barely sleep at night. Last week I sent them a letter of demand for their outstanding rent and deposit. Now I'm like a sitting duck for 20 days. They have threatened to become squatters on 2 occasions already. I am afraid that they will run my water bill up and not pay for next month's rent. Is it legal to install a water meter to recover costs for unpaid rental in the event that they do become squatters. Their lease says that water is included in their rental, but what if they don't pay rental. I do already have electricity meters.
 

Marc Lunau wrote:
I think one is obliged to tell the tenants 40-80 business days prior to expiry what the options are once lease expires. Not so?



If the initial period ends without any communication between the tenant or landlord, I understand that the new month to month basis will include the annual increase as stipulated in the TPN agreement. Could someone confirm this please?
 

18 days ago
Topic:
ants infestation

TPNLegal
TPNLegal
Administrator
Posts: 59
TPNLegal
TPNLegal
Administrator
Posts: 59
Topic: ants infestation
Hi Debbie

Thank you for the question.

Regarding pest control, depending on your lease agreement, the landlord is responsible for providing a property free of pests at the inception of the lease and thereafter the tenant is responsible for the ongoing pest control. As a result of a failure to do so, the tenant can be held liable for those damages.

Regarding the aircon and the handles. Damage to property caused by a tenant is for the tenants account, fair wear and tear is for the landlords account. Based on this and without knowing the cause of the damage, it appears that the ordinary cause of screws falling out of a door handle would be fair and tear which is a landlord expense. An annual service of the aircon would also be for the landlords account.
 

18 days ago
Topic:
ants infestation

debbieb01
debbieb01
Posts: 22
debbieb01
debbieb01
Posts: 22
Topic: ants infestation
Same topic. Tenant says they're not responsible for "routine" Blue Death ant prevention, and that the landlord must pay to have someone come and put down ant prevention. Now the intercom wiring got eaten up, and believes I cannot deduct this from the deposit. Secondly, the aircon required an annual service. As the owner I paid for replacement parts, but the "annual service" cost I attributed to the tenant. Lastly, although not yet disputed, (but I am expecting), a sliding door handle, door hinge and towel rail, screws fell out (and were lost), and owner had to pay for a handyman to screw new ones in. Who is responsible for such re-screwing of handles in etc? Tenant was in occupation for 1 year, in a 4 bedroom house.
 

27 days ago
Topic:
Basic charges

TPNLegal
TPNLegal
Administrator
Posts: 59
TPNLegal
TPNLegal
Administrator
Posts: 59
Topic: Basic charges
Hi James

You have the right to request a copy of the municipal bill to verify the amounts that they are charging you.
depending your agreement, if you are liable for the charges then the amounts much be accurate.
 

2018/09/16
Topic:
Basic charges

James W
James W
Posts: 1
James W
James W
Posts: 1
Topic: Basic charges
Hi Folks, some advice please
We recently moved into a flat on a person's property. On the property they have built 6 units, quite well done I would add.
The entire property is managed by agents, each flat has it's own meters which are read by the agents and we are billed on consumption.
I recently asked for a breakdown of the charges and found out we were being charged a basic electric charge of R350 as well as for refuse removal. They mentioned they are charging complex rates.
I happen to have a friend in the deeds dept and asked if it the property was registered as a complex or as a residential home, turns out itnis the latter
My question is this, is the agent permitted legally to charge these charges if the property is not registered as a complex? I have no problem paying my dues but i am under the impression they are taking the Mickey.
Many thanks for your time
 

2018/09/13
Topic:
New Electricity Tariff

TPNLegal
TPNLegal
Administrator
Posts: 59
TPNLegal
TPNLegal
Administrator
Posts: 59
Topic: New Electricity Tariff
Hi,
Your lease would in some way have to cover other municipal charges, or basic service charges.

If your lease agreement only covers consumption charges, then the landlord will be responsible for the charge.
 

2018/09/13
Topic:
Girlfriend sleeps over every night

TPNLegal
TPNLegal
Administrator
Posts: 59
TPNLegal
TPNLegal
Administrator
Posts: 59
Topic: Girlfriend sleeps over every night
Hi Carla

It is very difficult to stop people having visitors in a property as when you rent to someone, they are entitled to undisturbed use and enjoyment of the property, however in this case, with 4 people staying in a 1 bedroom unit, this will in all likelihood contravene municipal bylaws of maximum occupancy, so you will be able to place the tenant on terms should you wish.
 

My contract states that visitors can stay over occasionally, but my tenant's girlfriend and her 2 children sleeps over every night. It is only a one bedroom garden flat for a single person. I only agreed to his son out of a previous marriage to stay over every second weekend. When I confronted him about the girlfriend, he said that she and her children do not shower here. I gave him time to rectify the situation and now he became rude and is blaming me for problems in his relationship. What should I do?
 

2018/07/30
Topic:
New Electricity Tariff

lc1989
lc1989
Posts: 2
Hi,
Thank you for your response.
What if a TPN lease was not used?
How do you determine who is responsible for this fee?
Thank you.
 

2018/07/30
Topic:
Credit Check

TPNLegal
TPNLegal
Administrator
Posts: 59
TPNLegal
TPNLegal
Administrator
Posts: 59
Topic: Credit Check
Hi pventer02

please contact helpdesk@tpn.co.za and we will sort this out for you
 

2018/07/30
Topic:
New Electricity Tariff

TPNLegal
TPNLegal
Administrator
Posts: 59
TPNLegal
TPNLegal
Administrator
Posts: 59
Topic: New Electricity Tariff
Hi Ic1989

If you are using the TPN lease then you will be able to pass this charge on to the tenant as our lease covers "basic service charges"
 

2018/07/30
Topic:
Need guidance on CPA

TPNLegal
TPNLegal
Administrator
Posts: 59
TPNLegal
TPNLegal
Administrator
Posts: 59
Topic: Need guidance on CPA
Hi Elle0213

The agent could potentially charge advertising costs, however they would have to be able to account for those costs as actual expenses incurred. They cannot profit from your right to cancel.
 

2018/07/30
Topic:
Breach of Contract - fixed agreement - Landlord

TPNLegal
TPNLegal
Administrator
Posts: 59
Hi Driekie01

You are allowed to blacklist for arrear rental, utilities and cancelation penalties, you are not allowed to blacklist for physical damage to the property.

If you have invoiced the tenant, sent a 20 business day LOD which has lapsed and debt has been owing for 3 consecutive billing cycles, then on the face of it you will be able to blacklist.
 

2018/07/30
Topic:
Tenant failing to pay rent and municipal charges

TPNLegal
TPNLegal
Administrator
Posts: 59
Hi Lee_m

you can send a letter of demand for the arrear utilities and should they not be paid you can cancel the lease agreement.

After cancelation use the deposit to fix any damage to the property, If there is any deposit left after that then it can be applied to arrears
 

2018/07/30
Topic:
Rental Application Forms - Income Tax Numbers

TPNLegal
TPNLegal
Administrator
Posts: 59
One purpose of FICA is to try and root out tax avoidance.

If you have any suspicions of tax avoidance then you are able to report is to SARS efficiently using the reference number.
 

2018/07/30
Topic:
Outstanding Rent

TPNLegal
TPNLegal
Administrator
Posts: 59
TPNLegal
TPNLegal
Administrator
Posts: 59
Topic: Outstanding Rent
Hi Joannek01

If your tenant is in the fixed term of their contract. The day after the rent is due you send a 20 business day letter of demand.

If on business day 21 the money hasn't been paid then you send a notice of cancellation and you can tell the tenant to vacate immediately.

If they then do not vacate you need to approach an attorney that will apply to court for an eviction order.
 

2018/07/30
Topic:
double commission by the rental agencies?

TPNLegal
TPNLegal
Administrator
Posts: 59
Hi Reaxrola

What is happening here is that the landlord is having to pay a further placement commission as a result of your cancellation.

The reasonable cancellation penalty is in place to help the landlord limit their losses, so in this case it is correct that you could be charged the prorata balance of your placement commission.

Just make sure that you are not also being charged management commission for the duration of the lease.
 

2018/07/27
Topic:
Credit Check

pventer02
pventer02
Posts: 1
pventer02
pventer02
Posts: 1
Topic: Credit Check
Hi.

I'm new to TPN. I am a landlord. I get an error that I don't have enough credit to perform this enquiry. How do I pay TPN for the check?
 

2018/07/26
Topic:
New Electricity Tariff

lc1989
lc1989
Posts: 2
I have a question on the new Electricty tariff charge (home user charge) of R150 per month.
This charge on the municipal bill is based on the value of the house and is a fixed fee regardless of the electricity usage.
Is this charge therefore seen as part of rates and taxes due by the landlord?
Or is it a charge which must be passed on to the tenant?
Any help will be much appreciated.