A landlord has approached the Property Poser panel with an interesting question regarding the ownership of an air-conditioner that was installed by the tenant in his rental property. The reader tells us that his tenant has installed a split-unit type, where the refrigeration unit is affixed to the exterior of the property, with a pipe leading to the air distribution unit on an interior wall. The air-conditioner was installed without the landlord's consent and he wants to know whether the … [Read more...] about Air Con – Landlord not happy!
About Fullstop
What happens to your deposit if Agent is declared insolvent?
A tenant has asked the Property Poser expert what he should do about reclaiming his deposit when the rental agent has been declared insolvent. The reader writes that he has rented a property for the past five years and is now vacating the property. An agency acted on behalf of the landlord in managing the rental process and the reader would now like his deposit returned. However, the reader complains that the landlord refuses to return his deposit as the agent is under sequestration and he … [Read more...] about What happens to your deposit if Agent is declared insolvent?
Calculating pro rata rental fairly
This week the Property Poser expert considers the question of the calculation of pro rata rental. A reader writes that his tenant vacated his leased premises during February, which is the shortest month of the year, and did not stay for the full month. The reader correctly pointed out that, if one takes the monthly average over an annual period and calculates the pro rata rental for a shorter month, a disparity will arise. Although he does not give the reasons for the early departure, … [Read more...] about Calculating pro rata rental fairly
Constitution obliges owner to comply with HOA rules
Some confusion regarding an occupancy certificate has led a reader to seek assistance from Property Poser's panel of experts. The reader explains that he received an occupancy certificate from the local council and, based on this, moved into his new home. The homeowners' association in his scheme subsequently sent him a letter advising him that he has to pay a fairly sizeable sum of money as a penalty for taking occupation without an approval letter from them, even though he had already … [Read more...] about Constitution obliges owner to comply with HOA rules
Homeowners’ association versus sectional title
A reader has asked the Property Poser expert for a comparison between property ownership where the provisions of the legislation relating to sectional titles are applicable and where those of a homeowners' association (HOA) apply. Sean Radue of Radue Attorneys in Port Elizabeth says an HOA is typically found in so-called cluster housing. "This is when a development is done on a piece of land with a shared, privately owned open space for amenities. Each owner obtains a separate title deed … [Read more...] about Homeowners’ association versus sectional title
‘Tenant’ used as a dangling carrot
This week, the Property Poser expert follows up on a recent letter from a reader who asked whether she should employ an agent in letting her property. In brief, the general conclusion was that if the agent could expedite the process and provide a service that the reader might not have been able to provide herself, there might be some value in it. The reader elected to use the agent's services, as he was insistent that he had a number of qualified tenants already interested in the … [Read more...] about ‘Tenant’ used as a dangling carrot
Should you employ a letting agent?
This week the Property Poser expert assists a reader who does not have a problem at present but is proactively trying to prevent one. The reader explains that she would like to rent out her townhouse, which is in a sectional title complex, and is considering using the services of an estate agent to make the process easier. The agent has found a seemingly suitable tenant and is pressing the reader to sign the contracts he has provided, namely a mandate and lease agreement. The reader is … [Read more...] about Should you employ a letting agent?
Could Tenant claim for improvements?
Property Poser's expert has been approached by a tenant who has not only lost her long-term lease but also the garden and braai area she set about establishing at her own cost. The reader explains that she rented a dwelling with the understanding that she was to remain there for a number of years. The lease was drawn up for a single year but the tenant was assured that this was standard procedure and that it would merely be renewed year on year. As a result of the ostensible extended lease … [Read more...] about Could Tenant claim for improvements?
Damp gets tenant down
Another unhappy tenant has contacted our Property Poser expert regarding her rented abode, which appears to be in rather a sorry damp state. The reader writes that the property was in a very good condition when she first moved in. However, there is an enclosed veranda that becomes very damp when it rains, as there is no proper drainage for the rainwater. It appears that the dampness has now spread and also affects the walls of the spare bedroom. Following discussions with the tenant, … [Read more...] about Damp gets tenant down
Water damage to rental premises
A tenant has asked the Property Poser expert to wade through a difficult situation involving his rental property, which has been flooded twice. The reader explains that the second flooding was so bad that he had to call the fire brigade to pump out the water. He now wishes to know whether he has a claim against his landlord for damages to his furniture. Sean Radue of Radue Attorneys in Port Elizabeth says the lessor has the duty to give the lessee the beneficial use and enjoyment of the … [Read more...] about Water damage to rental premises
Annual Rental Calculation Conundrum
This week the Property Poser expert handles a question of a more technical and specific nature regarding the calculation of rental due. It would seem that in this case the rental is calculated on an annual basis and a single amount is payable for the entire year. For some reason, the reader wishes to make a pro rata rental calculation for the month of February - the shortest month of the year - only. The estate agent involved in the rental of the property has advised that the … [Read more...] about Annual Rental Calculation Conundrum
Usufruct dispute and the Extension of Security of Tenure Act
This week the Property Poser expert clears up a somewhat odd situation involving a family dispute about a usufruct over a farm. The reader explains that he originally owned the farm, which he sold to his father some years ago on the understanding that he, the reader, would have a usufruct over the dwellings. It seems that the arrangement was suitable to both parties as the reader continued to stay on the farm for a further 15 years. However, when his father passed away recently, certain … [Read more...] about Usufruct dispute and the Extension of Security of Tenure Act
Landlord lacks interest in deposit
A tenant has approached the Property Poser panel with an oft-repeated complaint about a landlord who has dealt improperly with his deposit. The reader explains that he gave verbal notice to his landlord that he would be vacating the property, which the landlord duly accepted. An inspection of the property followed but, when it came to returning the deposit, it turned out that the landlord had never deposited it in an interest-bearing account for the tenant's benefit. The landlord … [Read more...] about Landlord lacks interest in deposit
Non-residents and property taxes
The Property Poser experts were recently asked for their guidance on the tax benefits of becoming a non-resident in the eyes of the South African Revenue Service. A reader explains that she owns a property that, until now, has been her primary residence. She does not however mention what will happen to the property when she leaves the country - whether it will be rented out or not. Sean Radue of Radue Attorneys in Port Elizabeth says South Africa uses a residence-based tax system. "This … [Read more...] about Non-residents and property taxes
Usufruct may foil farm purchase
A reader who is contemplating purchasing a farm has approached the Property Poser panel. Wisely, he has done a little homework and requested a copy of the title deeds to determine whether they contain anything that might be prejudicial to him should he proceed with his intended purchase. The reader explains that a third party has a usufruct, registered against the title deed, over an undeveloped portion of the farm. Other than noting the existence of this usufruct and the identity of the … [Read more...] about Usufruct may foil farm purchase
