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
Property Poser
Tenant holds landlords rental to ransom for repairs
This week the Property Poser experts assist a reader who is withholding her rental payment in an effort to force her landlord to effect repairs to the property. The tenant explains that she rented a house at the beginning of this year but the agent representing the landlord didn't conduct an inspection of the property to check for defects or problems. One month after taking occupation, the reader sent through a "snag list" but to no avail. Since then, nothing has been repaired despite … [Read more...] about Tenant holds landlords rental to ransom for repairs
Suggested remedies to reclaim tenant deposit
A tenant has asked the Property Poser panel for guidance in retrieving her deposit, which the rental agency is withholding, despite her having paid the landlord directly in recent months. It appears that the reader and her landlord became friends over time, then discovered that, despite her paying her rental promptly on the first of each month, the agency only paid it over to the landlord much later. The tenant was subsequently advised by the agency that the rental should be paid directly … [Read more...] about Suggested remedies to reclaim tenant deposit
Certificate of occupancy witheld on ‘aethestic’ grounds
This week, the Property Poser experts assist a reader who is struggling to get final approval from the homeowners' association for his newly built home in a security estate. Without it, the local council will not issue a certificate of occupancy. The reason given by the HOA for withholding approval is that landscaping needs to be completed, including putting grass down. The reader argues that the road in front of his house is still under construction and that he will sort out the … [Read more...] about Certificate of occupancy witheld on ‘aethestic’ grounds
The Tenuous Brotherly Bond
A reader has asked the Property Poser panel for help in extracting himself from a property he jointly owns with his brother. He writes that the situation is potentially tricky as the house is bonded and the mortgage bond is registered in both the reader and his brother's names. According to Sean Radue of Radue Attorneys in Port Elizabeth, there are two primary considerations for the reader to ponder. "This first is the legal relationship between the two brothers regarding joint … [Read more...] about The Tenuous Brotherly Bond
Is suspensive condition bound by additional loan?
This week, a reader has sought the Property Poser experts' advice about a suspensive condition on an offer to purchase a fixed property. She seems to have signed an offer that contained a suspensive condition relating to the successful acquisition of bond finance. The finance was approved but the reader applied for a further loan to cover the additional costs, including transfer duty and legal fees. The reader explains that the bank rejected her application for the additional sum and … [Read more...] about Is suspensive condition bound by additional loan?
Think about the tax implications of renting out your home
The Property Poser experts have received a rather interesting tax-related query from a reader who rents out his home to officers from the diplomatic services from time to time. When their property is occupied, the reader and his wife go and live on a camping site, which is admittedly less comfortable than their own home but far less expensive. In this way they are managing to save a bit of money for their later years. There is still a small bond on the property and while they know that … [Read more...] about Think about the tax implications of renting out your home
Sectional title improvements of a frivolous nature
A reader has approached the Property Poser panel with two questions relating to the management of the sectional title complex in which he lives. Firstly, he would like to know whether a non-owner may be elected to the body corporate. Secondly, he would like to determine the body corporate's authority to make decisions regarding improvements to the complex, especially those that would result in substantial financial obligations on the owners. Regarding the first issue, it is generally … [Read more...] about Sectional title improvements of a frivolous nature
Capital gains tax timing on property
This week the Property Poser panel deals with a question from a reader regarding the timing of the payment of Capital Gains Tax when it comes to the sale of an immovable property. The reader's case is a little unusual as he explains that the sale in question is an instalment sale over a period of 48 months, which obviously spans more than one tax year. To begin, it is useful to consider briefly the mechanics of a sale of an immovable property in instalments, says Stiaan Jonker of Smith … [Read more...] about Capital gains tax timing on property
Landlord seeking to lock tenant out
This week's Property Poser question comes from a reader who is leasing a commercial property. Her business appears to have hit upon hard times financially and her rental is one month in arrears. She wants to know whether her landlord can lock her out of the property without a court order. According to Susan Chapman from Rawson Properties Port Elizabeth Platinum, the lease entered into between the tenant and landlord should be examined as a priority. "The lease generally embodies the … [Read more...] about Landlord seeking to lock tenant out
Mend those brotherly communication fences
This week the Property Poser panel deals with a case of sibling rivalry between two brothers who co-own a property, in which the one lives. The reader, who resides elsewhere, appears to be having communication issues with his brother. He has discovered that his sibling has made arrangements regarding outstanding instalments and payments at the bank and municipality without his knowledge. The reader does not, however, mention whether the arrangements entered into have any direct financial … [Read more...] about Mend those brotherly communication fences
Neighbour’s building is in a shocking state of disrepair
The Property Poser panel has received a query from a concerned reader about a dilapidated building in the vicinity of the block of maisonettes in which she lives. The reader explains that this run-down building looks similar to the one in which she lives but whereas hers is a sectional title complex, the neighbouring one seems to belong to a single owner who rents out the units. The problem is that the building in question is in a shocking state of disrepair and in desperate need of paint … [Read more...] about Neighbour’s building is in a shocking state of disrepair
Old landlord ‘absconds’ with advance rental
The Property Poser panel helps a tenant this week whose advance rental payments have not been paid over following a change in ownership of the property. The reader explains that she rented a residential property and, for some reason, landed up paying four months rental in advance to the landlord and owner. Although she was unaware of it at the time of payment, the landlord had already sold the property to a new purchaser. The transfer of ownership and, by implication, change of landlord … [Read more...] about Old landlord ‘absconds’ with advance rental
When You Think the Scheme Chair may be Dodgy….
A reader has approached the Property Poser experts about dubious behaviour by the chairperson of his sectional title complex. Although she does not own a unit in the complex, she has nevertheless held the position for a number of years. Furthermore, when it comes to decisions regarding the appointment of contractors and service providers, the reader says these people often turn out to be friends and acquaintances of hers. The reader would like to know whether someone who is not a unit … [Read more...] about When You Think the Scheme Chair may be Dodgy….
The danger of an open-ended rental period
This week the Property Poser experts assist a reader who has been given notice to vacate her rented garden cottage, as her landlord wants to make large-scale alterations. The reader says she has been renting for a number of years without a formal or written lease agreement between the two parties. The notice was given on the seventh day of the month. Despite mentioning that it was for "a month", the reader has not specified whether it was intended to expire at the end of the month in which … [Read more...] about The danger of an open-ended rental period
