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Hi all,


I just went through our Ward Financial Audit, our only exception was that we didn't have copies of Contracts or Rental agreements for those we provided rental or mortgage assistance. This is the first I or my bishop had heard of the requirement. In a stake training meeting earlier last year there was much discussion on making sure checks were written to Landlords and such. Can someone please provide me the location of said requirement in the Handbook or equivalent?


Thanks







I didn't find the right solution from the internet.
edited by jensenbreck on 2017/11/20
 

Hi all,


Our ex-landlord is quibbling about the return of our deposit. There are various cleaning issues, which are reasonable (somehow, not one of the five people involved in cleaning the place from top to bottom managed to clean the oven :scream ), but one of the issues is the mould on the walls. He says the previous tenant didn't have a problem with mould, and we should have been cleaning the walls with bleach once a fortnight to keep it under control.

The heating in the property was hopeless, it was bitterly cold all winter, and the boiler was next-to-condemned by British Gas a few months before we left, having gradually deteriorated over the year - and was never replaced.

So whose fault is it if there's mould on the walls? Is it our responsibility to fight a war against damp? Does it show me up as a hopeless housekeeper? Or is it up to the landlord to deal with it?

And just how do we go about getting back at least some of our deposit?






I didn't find the right solution from the internet.
edited by jensenbreck on 2017/11/20
edited by jensenbreck on 2017/11/20
edited by jensenbreck on 2017/11/20
 

Hello Everyone,





I have a friend who is about to start TPN at home and I am asking all you experienced Crohnies for your advice, tips, and feedback. He suffers with both CD and celiac and is currently taking Lialda and an Immunosuppressant. His major symptom is nausea, hence the need for TPN. I am very worried about him and would greatly appreciate your advice.







Any Idea , Suggestions would be appreciated,




Thanks,




I didn't find the right solution from the internet.




References:http://www.healingwell.com/community/default.aspx?f=17&m=1190475





animated infographic
 

19 days ago
Topic:
TPN help please!

Guest
Guest
Topic: TPN help please!
Hello Everyone,





I got the stupid picc line put in this morning.




I started my first intake of TPN at about 6pm. Already my bloodsugar has skyrocketed to almost 300. and now they want to give me insulin injections.




Has anyones else on here been on TPN?





Any Idea , Suggestions would be appreciated,




Thanks,




I didn't find the right solution from the internet.




References:http://www.healingwell.com/community/default.aspx?f=17&m=1207863





advertising examples
 

25 days ago
Topic:
Automatic continuation of lease period

Aslam
Aslam
Posts: 2
With reference to the item 6 in the TPN residential lease agreement, is it valid to change the automatic continuation period to the same period of the initial lease period (e.g. 12 months) instead of the Month-to-Month clause. If so, what would be the legally accepted wording for such a clause?
 

My tenant gave notice and has been reluctant to provide us access to allow for suitable viewing times even after giving a day's notice. They also refused to give predefined days and times requested by me to make scheduling of viewings easier with prospective tenants. The one day we managed to get a viewing, the house was in a complete mess. It is one thing to understand they are packing up, but they were busy doing what looked like renovations to prospective tenants who then walked away saying no due to their perceived condition of the house. I've also lost a serious tenant since I could not get them a viewing during the weekend.
I'm now days away from when the house goes empty and have no new tenant in place.

Can I claim any recourse against the current tenant without needing to go to court?
 

28 days ago
Topic:
Agent demanding rent after cancellation

TPNLegal
TPNLegal
Administrator
Posts: 30
TPNLegal
TPNLegal
Administrator
Posts: 30
Topic: Agent demanding rent after cancellation
Hi Heino




When you have a chance, please contact the legal department by phone so we can get a bit more information to assist you.




I will try and answer your query as best I can, but details such as the contents and form of your letters and lease agreement to the agency could significantly change the answer.




You are quite right that the landlord has a duty to provide a property that is fit for the purpose that it was rented. However once you have taken occupation and confirmed in your inspection that the property is fit for occupation, the duty to maintain the premises is quite dependant on the contents of the lease agreement and the unfair practice regulations. The landlord is always responsible for the maintainance of the exterior of the property, however the lease agreement may state that the tenant is responsible for the maintenance of the interior of the property (other than for fair wear and tear), which would include items including the stove.




For the sake of explaining the rest of your situation though, lets say that the landlord has the duty to maintain the interior. When you inform the agency of the damage and they fail to respond. You are required to formally place them on terms to repair the damage within 20 business days, failing which you shall cancel the lease agreement. If this is not done correctly, then you cannot legally cancel the lease for this reason. and your cancellation will be considered early cancellation in terms of the CPA. When you cancel early under the CPA you can be charged a reasonable cancellation penalty which in ordinary circumstances can amount to up to 2 months rental depending on the actual damage suffered by the landlord.




Obviously without knowing the full details of your lease I cannot make a recommendation on what you should do regarding the amount of R7000. However please do get in touch with follow up information and we will be happy to advise you.
 

28 days ago
Topic:
Who receives the deposit back?

TPNLegal
TPNLegal
Administrator
Posts: 30
TPNLegal
TPNLegal
Administrator
Posts: 30
Topic: Who receives the deposit back?
Hi Jackie

Unless you have a specific arrangement in place with the agent to have the deposit paid back to you, the agency must pay the deposit back to the tenant (less amounts for damages etc).

The contractual relationship is formed between the landlord and the tenant and not with you as a friend.

However also bear in mind that if the deposit is paid back to the tenant, then you will have a legal claim against the tenant as you essentially have loaned them those funds.
 

2017/10/19
Topic:
Who receives the deposit back?

Jackie Cranke
Jackie Cranke
Posts: 1
Hi All,
I paid a rental deposit to an agency for a friend. I have proof of deposit paid. 1 year later, and my friend is now moving and I want my deposit back. The agent was made aware at the time that this deposit was being paid on my friend's behalf. Is the agent legally obligated to return this deposit to me, the deposit payer?
 

TPNLegal wrote:
[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 tenant who has jeopadised 3 attempts to show potential buyers my house.
He is on a Month to Month lease. I gave him notice to the end of October and so far he has ignored or not responded to the notice.
He is a slimy one, and will probably try to say he did not receive any of the 3 emails or 2 WhatsApps i sent to him, his partner and his mother.
How can I serve to know that I can provide proof of receipt. 2 Must I provide a reason for issuing the notice.
 

Hi all,

I used to rent a place through a property agency.

At the end of July the paint of my bathroom roof started to peel real bad. I reported it the agency and they said they would take it up with the landlord. A week later my overn broke. The glass of the door burst and the oven always remains on, even if you only use the stove. This in my opinion is not only faulty but also dangerous. Th oven can become so hot that I cannot turn the nobs with my bare hands.

I followed up a few times and they just said they can't get ahold of the landlord via telephone but they sent emails. Two weeks later they finally sent a repair man to do a quote. I showed him the oven and eplained what was wrong. I also showed him the bathroom roof. During those two weeks the toilet also strated leaking and I showed that to. The folowing day the agent came to do inspection and again I pointed out all three problems.

Nothing hapened until about another week, when another repair man came to do a quote. Again nothing happened. After more than a month after the first problem was reported, I gave 30 days notice.

The agent tried to make me believe that I am liable for rent until a new tenant could be placed. Doing some research as well as consulting a former lawyer, I informed the agent that acording to the CPA I am not liable for rent until a new tenant could be place. I also eplained to them that the landlord is entiteld to charge a penalty fee for early cancellation. Nobody replied on my email. I am not a law professional, but in my opinion I should not even have to pay a penalty because the landlord failed to repair my oven. Even after I moved out, the oven as well as the other two problems were not fixed. That is more than 60 days.

I even atvertised the unit and had many viewings. Near the end of Sept I was informed that they have not placed a new tenant and that I will be liable for a penalty fee which is usually the same amount as the deposit.

I have since moved out and conducted tha exit inspection whitout any problems on 30 Sept.

On 4 Oct I received an email sayng that I am liable for rent for Oct and that I must pay urgantly or they will take further steps.

We tried phoning, but we could only reach the marketing person.

On 6 Oct I sent an email explaining that I am not liable for rent, but that they may charge a penalty fee. I further eplained that they cannot just make up a penalty fee and that it should be determined based on a number of factors including but not limited to: The fact that I could not utilise the unit fully and that I have paid full rent on time during those 60 days and that the penalty should also consider actual costs that the landlord have incurred, such as advertiseing costs.

I then proposed a settlement amount of R3500 as aposed to the deposit of R7000.

I then received a demanding letter from TPN, and an email from the agent saying that the penalty is R7000.

I am still unclear as what the demanding letter is for. Is it for the rent that I am not liable for? If it is for the penalty, I have never received clear instruction as to how much the penalty is and by when it should be paid! Only after the demanding letter.

They keep giving me conflicting information. First it was rent, then a penalty, then rent again, and now a penalty! It can surely not be for both!

In my opinion I should not be paying anything, seeing as the landlord failed to maintain the property after numerous requests. Yet I am willing to settle the matter with resonable penalty, which they rejected.

Paying a lawyer for R3500 is not worth it, because the lawyer would probably be more expesive.

Is there a way I can dispute this demanding letter, because I don't think they have the right to blacklist me for this reason?

Was it a breach of contract on the landlord's side?

Should I accept the R7000 penalty, if infact the demanding letter is for the penalty and not rent?
Right now it feels as if I do not have a choice but to pay.




Even the FAQ of TPN website says the folowing: "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."




Any help would be appreciated.


Thanks,

Heino
<em>edited by Heino on 2017/10/07</em>
 

2017/09/13
Topic:
Bad Paying Tenant - How to get them out

TPNLegal
TPNLegal
Administrator
Posts: 30
TPNLegal
TPNLegal
Administrator
Posts: 30
Topic: Bad Paying Tenant - How to get them out
[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
Topic:
Do I need to provide reasons for Notice to Vacate?

TPNLegal
TPNLegal
Administrator
Posts: 30
[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.
 

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
Topic:
Partial Payments

Seamountain
Seamountain
Posts: 2
Seamountain
Seamountain
Posts: 2
Topic: Partial Payments
Hi Seandew01, I have a similar situation like yours. Have you got any clarification what is the correct approach in this case.
 

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
Topic:
What happens ot hte lease when a property is sold

TPNLegal
TPNLegal
Administrator
Posts: 30
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
Topic:
Payment of Lease Renewal Fee

TPNLegal
TPNLegal
Administrator
Posts: 30
TPNLegal
TPNLegal
Administrator
Posts: 30
Topic: Payment of Lease Renewal Fee
[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
Topic:
Dispute Rental Agency

TPNLegal
TPNLegal
Administrator
Posts: 30
TPNLegal
TPNLegal
Administrator
Posts: 30
Topic: Dispute Rental Agency
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
Topic:
Does the normal notice apply if a tenant passed aw

TPNLegal
TPNLegal
Administrator
Posts: 30
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.