Many first-time buy-to-let investors spend a good deal of time considering whether a rental agent is the best option for managing their property, or if they could successfully handle the letting of their investment on their own. While there are pros and cons to both options, Jacqui Savage, National Business Development Manager for Rawson Rentals, says the benefits of using an experienced and trustworthy rental agent will, for the majority of landlords, far outweigh the self-managed … [Read more...] about Agent vs Landlord – To Use or not To Use
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Your rights if your landlord sells
With the market currently favouring sellers, it may be tempting for those who own a rental property to put the property on the market. But what happens if the property is occupied by a tenant? Does the tenant have any rights and are they within their rights to breach the lease agreement in this instance? According to Adrian Goslett, CEO of RE/MAX of Southern Africa, the law states that a landlord is within their rights to sell their property to a third party, even if the property is let out … [Read more...] about Your rights if your landlord sells
Air Con – Landlord not happy!
A landlord has approached the Property Poser panel with an interesting question regarding the ownership of an air-conditioner that was installed by the tenant in his rental property. The reader tells us that his tenant has installed a split-unit type, where the refrigeration unit is affixed to the exterior of the property, with a pipe leading to the air distribution unit on an interior wall. The air-conditioner was installed without the landlord's consent and he wants to know whether the … [Read more...] about Air Con – Landlord not happy!
What happens to your deposit if Agent is declared insolvent?
A tenant has asked the Property Poser expert what he should do about reclaiming his deposit when the rental agent has been declared insolvent. The reader writes that he has rented a property for the past five years and is now vacating the property. An agency acted on behalf of the landlord in managing the rental process and the reader would now like his deposit returned. However, the reader complains that the landlord refuses to return his deposit as the agent is under sequestration and he … [Read more...] about What happens to your deposit if Agent is declared insolvent?
One for the books – tenant bills landlord for occupational rental
A reader has approached the Property Poser panel with a somewhat peculiar dilemma involving occupational rental on a property she recently bought. She writes that the seller wished to remain in occupation for a few months following transfer. The agent and seller agreed to the monthly occupational rental payable and the reader agreed to the sum as recorded in the agreement of sale on the property. Registration of transfer took place earlier this year and the seller duly remained in the … [Read more...] about One for the books – tenant bills landlord for occupational rental
Landlord lacks interest in deposit
A tenant has approached the Property Poser panel with an oft-repeated complaint about a landlord who has dealt improperly with his deposit. The reader explains that he gave verbal notice to his landlord that he would be vacating the property, which the landlord duly accepted. An inspection of the property followed but, when it came to returning the deposit, it turned out that the landlord had never deposited it in an interest-bearing account for the tenant's benefit. The landlord … [Read more...] about Landlord lacks interest in deposit
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
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
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
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
