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
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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
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
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
When 50-50 isn’t joint ownership
This week our Property Poser experts are again faced with an emotive issue involving siblings who jointly inherited a fixed property and cannot seem to agree on the day-to-day running of it. A reader writes that she not only inherited half the property but also lived there for a number of years - first with her mother, who owned the other half, and later, after her mother's passing, with her daughter. Unbeknown to her, her mother left her own half-share to the reader's two siblings and … [Read more...] about When 50-50 isn’t joint ownership
Home Owners Association making unilateral decisions
This week the Property Poser panel helps a reader whose Home Owners' Association (HOA) makes unilateral decisions affecting residents without achieving a quorum at meetings. Although the required number of members are never present, the reader says the HOA continues to make changes to the rules of her complex. This includes the building design and style of new homes being erected and, she says, there are even plans afoot to amend the constitution. An HOA is usually found in so-called … [Read more...] about Home Owners Association making unilateral decisions
How to Remedy a Lease Agreement Breach
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
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
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
Close corporation divides family
This week, the panel deals with an interesting situation involving conflict over a holiday house owned by a family in a close corporation. The man, his wife and children are all members, but the husband has recently passed away. Unfortunately, his wife and one of their children took it upon themselves to go to the property, empty it out and arrange for a long-term tenant to take occupation. According to the reader, this was not agreed upon or consented to by the other members of the … [Read more...] about Close corporation divides family
