From time to time, the Property Poser experts assist readers whose property assets are a source of conflict in their divorce proceedings. In this instance, the reader was married out of community of property under the accrual system. He and his wife bought a piece of land and built a dwelling on it, where they both lived until the end of last year when she moved out due to marital problems. The reader was responsible for the building costs and thereafter an agreement was reached that … [Read more...] about Splitting joint-owned property in divorce
Property Poser
Neighbour’s runoff results in run-in
This week the Property Poser experts assist a reader whose neighbour's stormwater runs across his property. The reader does not indicate if the neighbour did anything to divert the water onto his property or whether it just appears to be the natural flow of the water. He would like to know what his neighbour's obligations are and whether the National Building Regulations and Standards Act is still in force. It is not difficult to see why this issue is becoming more and more problematic … [Read more...] about Neighbour’s runoff results in run-in
Conveyancer hampers transfer process
This week, a reader asks the Property Poser panel for help with an issue pertaining to the process of transferring a property. The reader writes that she successfully sold her property and the transfer process was handled by Attorney A. She then made a successful offer to purchase on another property and Attorney B was appointed to deal with that transfer. Although not required by the agreement, the reader has already made two deposits to Attorney B, representing the difference between the … [Read more...] about Conveyancer hampers transfer process
Tenant Maintaining Problem Property
This week, the Property Poser panel assists a reader who has maintenance issues with the residential property she has been renting for about a year. When the tenant took occupation of the property no inspection was done in her presence, but she duly completed a checklist and sent it to the estate agent dealing with the rental. The reader noted several issues with the property, including rising damp in one of the bedrooms, problems with the electrical wiring, broken toilet seats, a leaking … [Read more...] about Tenant Maintaining Problem Property
Tenant underpaid due to oversight
This week, the Property Poser experts deal with a situation in which a tenant has been inadvertently underpaying her monthly rental for approximately a year. The reader writes that, upon termination of her lease, the agency used by her landlord to collect the rental discovered that they had been invoicing her incorrectly. The tenant had dutifully paid the monthly amount based on the invoice submitted. The outstanding sum has subsequently been deducted from the deposit she paid upon … [Read more...] about Tenant underpaid due to oversight
Written lease better than one’s word
This week, the Property Poser experts grapple with an interesting question from a tenant regarding the merits of a verbal lease contract over one in which the terms are reduced to writing. According to Rian du Toit from DTS Attorneys in Port Elizabeth, South African law recognises both written and oral agreements. "In order for an agreement to be concluded, all parties should be clear with regard to its terms." In the instance of a lease, issues such as the rental payable and preferably … [Read more...] about Written lease better than one’s word
New Landlord, New Lease, Angry Tenant
A reader has approached the Property Poser experts with a few problems, including the manner in which her landlord has dealt with her deposit. The tenant writes that she has been renting a residential property for the past two years. In terms of her original lease agreement, she had to pay a deposit of R3 700 along with a key deposit of R200 and would not receive interest upon refund of the deposit. At some stage the original landlord merged into another company, which simultaneously … [Read more...] about New Landlord, New Lease, Angry Tenant
Tenant Hides Behind Prevention of Illegal Eviction Act
An anxious reader tells the Property Poser experts that she concluded a rental agreement with a tenant, which specifically stated that one month's notice would be given to vacate the premises should the property be sold. The lease agreement was on a month-to-month basis. Earlier this year it appears that the property was, in fact, sold and around this time the tenant gave notice to both owner and agent that she would vacate the property. Shortly thereafter, she reneged on the notice to … [Read more...] about Tenant Hides Behind Prevention of Illegal Eviction Act
Complex management issues
This week a reader asks the Property Poser experts whether a managing agent is allowed to lead the body corporate of a sectional title complex and give advice. In addition, as a trustee of the complex in which he resides, he is concerned about a situation in which one or two of his fellow trustees are trying to take control. According to Charlotte Vermaak from Chas Everitt in Port Elizabeth, a management agent is an individual or firm appointed by a body corporate or homeowners' … [Read more...] about Complex management issues
When a Conveyancing Attorney Pays Agent Commission Prematurely
This week the Property Poser panel looks at the ramifications of a situation where the conveyancing attorney paid out an estate agent's commission before he was entitled to do so. A reader writes that he paid a deposit into the attorney's trust account, which was earmarked for transfer costs. The attorney instead used the money to pay the agent's commission and, when confronted by the reader, admitted that he paid the agent "prematurely". The inappropriate payment of monies held in trust … [Read more...] about When a Conveyancing Attorney Pays Agent Commission Prematurely
Moisture puts damper on tenant’s lease
This week, the Property Poser experts help a tenant who is experiencing massive problems with dampness in the property he rents. The reader tells us that the foundations of the house have subsided to such an extent that cracks have appeared in various places. Of even greater concern is the fact that the shower floor in the bathroom has also subsided, causing water to seep into his adjoining spare room. The reader says this issue was pointed out to both the agent and owner at the … [Read more...] about Moisture puts damper on tenant’s lease
Joint property ownership tussle
This week, the Property Poser experts bring clarity to the murky issue of joint ownership for a reader who owns an undivided half-share in a property. The reader writes that the building has two separate entrances and that his co-owner rents out "her" side. He would like to know whether he has any claim to the income generated in this manner. There appears to be some animosity between the parties, with the partner asserting her right to his portion and demanding first option to buy at a … [Read more...] about Joint property ownership tussle
Tenant seeking rental deposit
This week a reader seeks expert advice from the Property Poser panel regarding an unreturned deposit on a rental property she vacated two years ago. Her landlord claims that she is liable for additional expenses such as sewage and refuse removal and is withholding the money in lieu of these. Although a written lease was concluded, the reader has checked the terms and it is silent on this point. As she feels she has not defaulted on any terms, she has refused to pay the additional … [Read more...] about Tenant seeking rental deposit
Property Sales and Landlord and Tenant Rights
This week our Property Poser experts consider questions from two readers about the rights of tenants in relation to their landlords. The first question comes from a tenant whose landlord has recently passed away. The property has been placed on the market and he wishes to know what his rights are as far as the agent putting up a "for sale" sign and bringing in potential buyers goes. The second issue relates to a long-term tenant of a rental property, who would like to know whether it … [Read more...] about Property Sales and Landlord and Tenant Rights
Can Landlord Dictate Where Tenant Must Buy Stock?
This week a reader who is leasing a retail shop asks the Property Poser panel whether his landlord can compel him to buy the majority of his stock from the latter's wholesale distribution business. Because it forms part of his rental agreement, the reader would like to know whether such a clause could be challenged. There are two main issues to be considered here, says Rian du Toit from DTS Attorneys in Port Elizabeth. "Firstly, whether such a clause is valid in our law and, secondly, … [Read more...] about Can Landlord Dictate Where Tenant Must Buy Stock?
