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
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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
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
Who should hold the rental deposit?
This week the Property Poser experts deal with the issue of who should hold the deposit on a rental property. A reader writes that he recently purchased a unit in a sectional title complex with the specific intention of renting it out. The letting agents have advised him that they should be holding the deposit in their trust account. The reader is concerned however that the ultimate responsibility for the deposit, and, specifically the refunding thereof with interest, lies with him. He … [Read more...] about Who should hold the rental deposit?
Unfair of landlord to cut off electricity
The Property Poser panel has received a query from a reader who arranged a late payment of her monthly rental with the agent concerned but then found that her prepaid electricity card had been blocked. Unable to purchase electricity, she has approached the experts for advice. According to Stiaan Jonker of Smith Tabata Attorneys in Port Elizabeth, the Rental Housing Act declares it an unfair practice for a landlord to unlawfully shut off the utilities to a rental property. "The … [Read more...] about Unfair of landlord to cut off electricity
Landlord unmoved by tenant’s request
A reader who is renting a flat has approached the Property Poser panel about the possibility of moving into a vacant flat in that same block. Although she has not provided much background information, it appears that the flat adjacent to hers has become available and the reader would like first option on taking occupation. However, much to her annoyance, the reader's landlord has made it clear that he will only rent the flat in question to a new tenant and that she should remain where she … [Read more...] about Landlord unmoved by tenant’s request
Tenant Thrown to the Dogs
The Property Poser panel has been approached by a reader who relocated from one city to another and moved into a rental property about a month ago. The initial inspection, conducted by the landlord and agent, only took place about a week later, whereupon it emerged that the owner was not happy with animals being allowed inside. According to the reader, the preliminary negotiations took place only between herself and the agent. She says the latter made it clear that animals presented no … [Read more...] about Tenant Thrown to the Dogs
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
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 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?
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
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
