This week, the Property Poser panel deals with a rental issue from a reader whose landlord sent her an SMS instructing her to vacate his property by the end of the month. She admits that, since her husband has been retrenched, they have been in arrears with the rental. The couple had offered to repay the amount in instalments or set up a debit order, but received no response. The reader would like to know whether they could give their landlord one month's notice or whether they should wait … [Read more...] about How to Remedy a Lease Agreement Breach
Neighbour oversteps the boundary
Whenever people live in close proximity to one another, it seems that possibilities for conflict abound. This week the Property Poser panel considers the contentious issue of neighbours overstepping their boundaries. A reader writes that her neighbour planted a hedge on her own side of a shared boundary wall but that, over time, the hedge grew and covered the whole wall, including the reader's portion. She says she did not have a problem with this because the original wall was quite low … [Read more...] about Neighbour oversteps the boundary
Tenant faces unreasonable utilities demands
This week the Property Poser panel addresses a problem from a reader who is renting a cottage on another person's property. She explains that she pays her rental in advance and her utilities in arrears and settles them jointly around the 27th, even though her lease stipulates that they are only due at the end of the month. Recently, her landlady obtained an up-to-date municipal account and insisted that the amount was payable by the 7th even though, in the normal course of events, the … [Read more...] about Tenant faces unreasonable utilities demands
Consumer Protection Act on Latent and Patent Property Defects
The Property Poser panel often receives queries relating to the discovery of defects during the course of a property sale or shortly thereafter. This week a buyer tells us that the transfer of his property is still in progress but substantial leaks in the roof have been discovered. When the reader reported it, the estate agent obtained quotations for the repairs and a claim was instituted with the relevant insurer. It has subsequently transpired that the insurer will not cover the claim … [Read more...] about Consumer Protection Act on Latent and Patent Property Defects
Trustees can be held personally liable for their actions
This week the Property Poser panel deals with a sticky situation relating to the trustees' responsibilities when it comes to repairs and maintenance in a sectional title complex. In this instance, the driveways of the complex had to be resurfaced with tar and a special levy was raised to cover the cost. The reader reports that the first section was very poorly done and it was not long before the tar started lifting and sticking to car tyres. In the end, only a small number of the driveways … [Read more...] about Trustees can be held personally liable for their actions
Vibacrete Wall Makes Neighbours Vibrate With Frustration
The Property Poser panel is often asked to deal with the sensitive issue of boundary walls between neighbours. This week one of our readers shares her distress over the state of the vibacrete wall that divides her property from her neighbours'. Some of the panels are broken or missing but the neighbours are not in a financial position to make any kind of repairs to the wall. The reader is concerned that if she builds a new wall, the neighbours will simply break down the existing one and … [Read more...] about Vibacrete Wall Makes Neighbours Vibrate With Frustration
Tenant’s Property Repair Claims Speak to Unjustifiable Enrichment
This week the Property Poser experts field a query from a reader who rents out her second property for a minimal monthly amount, provided that the tenant maintains it to a habitable standard. Despite the negligible rental, the reader says the tenant pays irregularly and has made changes to the property without her consent. The tenant is now claiming that the owner owes him money, based on the improvements made, and she would like to know what her remedies are. Since it appears that … [Read more...] about Tenant’s Property Repair Claims Speak to Unjustifiable Enrichment
Rental Arrears Eviction Advice
This week the Property Poser panel clarifies a situation in which a reader is being threatened with early eviction due to outstanding rental payments. The tenant is two months in arrears but has offered to repay the money in instalments. However, the landlord is not satisfied with his offer and has demanded, via the rental agency, that the reader vacate the property within seven days. He has also threatened to lock the tenant out of the property and chain up the gates. In addition, the … [Read more...] about Rental Arrears Eviction Advice
Property Partnership Pitfalls
Co-ownership of property, or partnerships, is a cause of concern for many Property Poser readers. The situation before our panel this week involves two partners, one of whom lives on the property. The latter is also the one who makes the bond repayments. Our reader is however concerned that the resident partner is "abusing the bond", which places him as co-owner at risk. The resident partner is not willing to sell and neither party is in a position to buy the other out. It seems that … [Read more...] about Property Partnership Pitfalls
Right to Habitatio Hinders Sale
This week, the Property Poser panel contemplates the legal rights concerned with granting the use, or habitatio, of a property. A reader granted her pensioner father the right to stay in her house, a property separate from her residence, but now wishes to sell it in order to use the proceeds elsewhere. Her father is not willing to leave or seek alternative accommodation. The reader would like to know what her rights are in this regard. The right of habitatio is an exclusive personal … [Read more...] about Right to Habitatio Hinders Sale
Noisy neighbours nettle owner
This week the Property Poser panel helps a reader who is at his wits' end with noisy neighbours. He writes that the owner of the next-door property rents it out to eight students, who often hold loud parties until the early hours. He has had meetings with the owner, who has undertaken to do something about the noise. However, instead of improving the situation, it has worsened. The reader has contacted the police who have warned the tenants, but this remedy never lasts. He would like to … [Read more...] about Noisy neighbours nettle owner
Owners responsible for section repairs
This week the Property Poser panel deals with two similar questions regarding responsibility for maintenance in a sectional title complex. The first reader is having problems with water damage to built-in cupboards, caused by a leaking shower in the unit above. The body corporate referred the issue to the person living in that unit, but he is merely a tenant who has undertaken to contact the owner. In another matter, a reader complains about a badly neglected garden gate in one of the … [Read more...] about Owners responsible for section repairs
Boundaries drive owner up the wall
This week the Property Poser panel considers a boundary wall problem with a few twists. About seven years ago a reader purchased a unit in a complex. She explains that her property lies adjacent to the boundary wall enclosing the entire development and a small river runs just beyond that. For about five of the seven years she has lived there, the local municipality cleaned up the riverbanks and secured the area with sandbags whenever there were heavy rains. When the owners of the … [Read more...] about Boundaries drive owner up the wall
Suretyship makes CC members liable
This week the Property Poser panel deals with an issue where the defaulting tenant of a rental property is not a natural person but a close corporation (CC). The reader asks how a landlord can hold a tenant liable for a breach of contract when the tenant is a CC with only one member. In this instance, the contract has been cancelled and the tenant evicted. Unfortunately, no sureties were provided in terms of the rental agreement. As a result, the reader would like to know whether the … [Read more...] about Suretyship makes CC members liable
Levies Divide Homeowners Association Owners
This week, a reader confronts the Property Poser panel with a rather complex issue regarding levy payments in a freehold estate. He owns a property in such a development, which is managed by a homeowners' association (HOA). When the estate was developed, he says, it was decided that there would be 25 separate plots and that the levy would be shared equally among the owners. A few owners, however, purchased double plots and built only one property per combined erf. Effectively, the … [Read more...] about Levies Divide Homeowners Association Owners
