This week the Property Poser panel assists a reader who has rented premises for the past five months but has yet to receive a copy of her lease agreement, despite requesting it on a number of occasions. Of greater concern to her is the fact that the problems with the rental property, as identified during a jointly conducted inspection, have still not been addressed or repaired. She explains that an agent from a well-known rental agency assists her landlord, so the delay is unexpected and … [Read more...] about Tenant awaits lease and repairs
How to deal with an autocratic chairperson
A reader has asked the Property Poser panel to deal with what appears to be a seemingly common problem in sectional title complex management – the autocratic chairperson. The reader writes that her complex's chairperson acts as if the scheme belongs to him and that the rules are applicable to everyone else but him and his family. She says complaints about other residents are swiftly dealt with but those concerning his family are merely swept under the rug. The residents have now had enough … [Read more...] about How to deal with an autocratic chairperson
Who repairs blocked drains – Landlord or Tenant?
A reader has contacted the Property Poser experts about a blocked drainage system in her rented granny flat, which the landlord refuses to fix. The tenant writes that the problem has affected the water outlets, including the bath and basin, and the toilet. She used chemicals to try to remedy the problem. These helped a little but only for a short while, until the main house - which is also rented out - developed serious drainage problems. After the main house's problems were resolved, … [Read more...] about Who repairs blocked drains – Landlord or Tenant?
Anger at sudden rental hikes
This week the Property Poser panel deals with two similar questions regarding sudden rental hikes. In the first instance, the reader and his family reside in his brother's granny flat and have done so for years. His brother, the landlord, has just recently presented him with a lease agreement to sign. The lease contains a not insubstantial 40 per cent increase together with a 10 per cent annual increase thereafter. Should he fail to sign the agreement, the landlord has advised that the … [Read more...] about Anger at sudden rental hikes
How to reclaim your rental deposit
The Property Poser panel has been inundated with queries from former tenants whose rental deposits have been unlawfully withheld by their landlords. This week, a reader writes that she vacated a rental property just over two months ago and was told by her landlord that she would have to wait 30 days before her deposit was repaid. She was also informed that she would receive only the original amount paid, without any accrued interest. The reader says she is still waiting for her deposit … [Read more...] about How to reclaim your rental deposit
Electrifying dispute over wall
A reader has asked the Property Poser panel to help resolve a boundary wall dispute between her and her neighbour. She explains that a vibracrete wall, which is in perfect condition, separates their properties from each other. In addition, the reader has had a fully compliant electric fence installed above the wall. Recently, the neighbour approached her with the idea of taking down the existing wall and replacing it with a brick version. His reason for doing so is that he plans to build … [Read more...] about Electrifying dispute over wall
Reluctant seller derails property transaction
This week the Property Poser panel considers a property transaction, which has come to a halt due to the seller's sudden reluctance to sell. The prospective buyer writes that he concluded an agreement of sale with the seller for R1.6 million. It has since transpired that the outstanding mortgage bond on the property is R1.58 million and that there are outstanding rates of R80 000. The seller's monetary obligation thus exceeds the amount that would be realised from the sale of the property. … [Read more...] about Reluctant seller derails property transaction
4 Years and repairs still not done
A reader asks the Property Poser experts whether he can take his landlord to task over repairs that have been left undone since he moved in four years ago. Although no joint inspection was carried out when the tenant and his wife first took occupation, the reader says he inspected the flat on his own and compiled a list of problems. This document was duly presented to the landlord. He signed it and undertook to repair the identified problem areas but did not live up to his word. The … [Read more...] about 4 Years and repairs still not done
Unjust landlord gives two weeks’ notice
A tenant has approached the Property Poser experts about how to deal with a particularly difficult and unjust landlord. The reader explains that her problems began shortly after taking occupation of the rental property in February this year. It seems that the landlord presented her with a lease agreement for her to sign but the agreement was defective. It stated that the reader would pay no deposit when, in actual fact, she had paid a deposit commensurate with a month's rental. At the … [Read more...] about Unjust landlord gives two weeks’ notice
Pet ban gives buyers “paws” for thought
The Property Poser panel has been asked to assist a reader whose complex has instituted a "no pets" policy, which is negatively affecting the sale of her property. The reader owns a sectional title unit, which she vacated some time ago and recently put on the market. She explains that the body corporate has recently decided to disallow any new pets in the complex, as there are currently too many of them. This decision has had a negative impact on three potential sales as the interested … [Read more...] about Pet ban gives buyers “paws” for thought
Common property rule a violation of privacy?
This week, the Property Poser experts deal with a double dose of queries from readers. The first question concerns a rental deposit, while the second involves the common property in a sectional title complex. In the first scenario, the reader rented a residential property and paid over a deposit. All went well until the reader gave her notice and subsequently vacated the property. The following day, she contacted the landlord to arrange to return the key and get her deposit back so she … [Read more...] about Common property rule a violation of privacy?
Daughter misuses Mother in usufruct swindle
This week the Property Poser panel deals with a difficult mother-daughter dispute, which lies at the heart of a rather complex usufruct scenario. It appears that the mother owns a property in a small town but she is not based near her children. One of her daughters offered to build a cottage for her mother on her property so that she could be closer to them. For reasons not explained, but presumably as a form of payment, the mother transferred ownership of her own property to the daughter … [Read more...] about Daughter misuses Mother in usufruct swindle
Premium shop space
The Property Poser panel this week helps a reader who is concerned that the rental on his commercial property is unjustifiably higher than that of a similar shop space next door. The reader explains that he is halfway through a five-year lease and recently discovered that the neighbouring premises, which is approximately the same size and similarly outfitted, was recently rented out for 20 per cent less than what he is paying. In nearly all instances, commercial transactions tend to be … [Read more...] about Premium shop space
Tenant ready to roast landlord
The Property Poser panel has received a query from a tenant regarding a broken oven in his rental property. The reader says the repairs would be rather costly and asks whether he would be permitted to replace the oven rather than fix it and deduct the costs from his rental payments. Sean Radue of Radue Attorneys in Port Elizabeth says the reader has not made it clear whether this is a typical residential lease scenario or a commercial one. "This makes a difference as the Rental Housing … [Read more...] about Tenant ready to roast landlord
Electrical contractor in dark about claim
This week, the Property Poser experts deal with a rental query from a rather unusual source - an electrical contractor who was hired to do work at a restaurant. The restaurant in question is in a leased portion of a larger building and the restaurant owner, who is merely a tenant, indicated that the owner of the building would make payment for the work done. The reader says he then contacted the landlord who confirmed that he would be responsible for the payment but that he first wanted to … [Read more...] about Electrical contractor in dark about claim
