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
rian du toit
How to Keep Pedestrians off Private Property
This week the Property Poser experts address a reader's concern about preventing pedestrians from crossing her vacant seafront plot. The reader explains that she bought the land a decade ago and initially intended to build on it but has since decided to sell. The problem she faces is that the local residents, mostly fishermen, use a pathway across her land to access the beach, even though there is a public road a short distance away. The reader has checked the title deed and no … [Read more...] about How to Keep Pedestrians off Private Property
Neighbour oversteps the boundary
Whenever people live in close proximity to one another, it seems that possibilities for conflict abound. This week the Property Poser panel considers the contentious issue of neighbours overstepping their boundaries. A reader writes that her neighbour planted a hedge on her own side of a shared boundary wall but that, over time, the hedge grew and covered the whole wall, including the reader's portion. She says she did not have a problem with this because the original wall was quite low … [Read more...] about Neighbour oversteps the boundary
Tenant faces unreasonable utilities demands
This week the Property Poser panel addresses a problem from a reader who is renting a cottage on another person's property. She explains that she pays her rental in advance and her utilities in arrears and settles them jointly around the 27th, even though her lease stipulates that they are only due at the end of the month. Recently, her landlady obtained an up-to-date municipal account and insisted that the amount was payable by the 7th even though, in the normal course of events, the … [Read more...] about Tenant faces unreasonable utilities demands
Consumer Protection Act on Latent and Patent Property Defects
The Property Poser panel often receives queries relating to the discovery of defects during the course of a property sale or shortly thereafter. This week a buyer tells us that the transfer of his property is still in progress but substantial leaks in the roof have been discovered. When the reader reported it, the estate agent obtained quotations for the repairs and a claim was instituted with the relevant insurer. It has subsequently transpired that the insurer will not cover the claim … [Read more...] about Consumer Protection Act on Latent and Patent Property Defects
Complicated Family Living Arrangements
Verbal agreements between family members often create problematic situations with regard to living arrangements. A reader writes that, a few years ago, her son and his wife suggested that their double garage be converted into a flatlet for her and her partner. Part of this arrangement included that a new double garage be constructed on the property. The financing for these alterations was provided by the reader who raised a bond on another erf she owns. She also agreed to pay the monthly … [Read more...] about Complicated Family Living Arrangements
Trustees can be held personally liable for their actions
This week the Property Poser panel deals with a sticky situation relating to the trustees' responsibilities when it comes to repairs and maintenance in a sectional title complex. In this instance, the driveways of the complex had to be resurfaced with tar and a special levy was raised to cover the cost. The reader reports that the first section was very poorly done and it was not long before the tar started lifting and sticking to car tyres. In the end, only a small number of the driveways … [Read more...] about Trustees can be held personally liable for their actions
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
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
Early cancellation leads to lease disagreement
This week's scenario presented to our Property Poser panel relates to the early cancellation of a lease by a landlady. The tenant recently received a call from the person in question, who requested that she vacate the property as soon as possible to accommodate her daughter who was unexpectedly returning from overseas. During the conversation the landlady, who realised that she was terminating the lease before the end of the term, offered to waive the last month's rental. The reader was … [Read more...] about Early cancellation leads to lease disagreement
Splitting the marital bond
Regular readers of our column may be aware that the impact of a marital regime on property ownership is often a burning question. This is even more so, it appears, when creditors are laying claim to outstanding debts from either one or both of the joint owners. One such reader writes that he and his wife are married out of community of property, with the exclusion of the accrual system. They are however the joint owners of the home in which they live. Unfortunately, being pensioners, … [Read more...] about Splitting the marital bond
Buyers must know complex rules
This week our reader's letter deals with the management and conduct rules in a sectional title complex. He understands that, while these rules are absolutely necessary, prospective buyers do not always know what they are getting themselves into when buying in a complex. As a trustee of the body corporate in charge of the complex where he resides, he has devised a way to ensure that all parties concerned in the sale process are fully aware of the complex-related rules and facts. In his … [Read more...] about Buyers must know complex rules
Fixing a Shaky Chair
What role the chairperson of a body corporate plays and the nature of his or her responsibilities are the subject of this week's column. Our experts have been approached by a reader who recently purchased a sectional title unit and was subsequently elected as trustee at the annual general meeting. The group of trustees is quite small, numbering just four members including the chairperson. The reader is, unfortunately, concerned about some of the chairperson's actions and decisions. He … [Read more...] about Fixing a Shaky Chair
Agent lets owner down
One of our readers is unhappy with both a recent tenant of her property and the letting agent who initially secured and handled the tenant. It appears that the agent introduced the candidate and assured the reader that she was suitable and that all credit checks had been properly performed. The reader was satisfied with this and signed the lease agreement. At first everything went smoothly. The rental was paid on time and the reader had no other issues with the tenant. However, from the … [Read more...] about Agent lets owner down
Dead end in Estate Transfer
Purchasing a property from a deceased estate is often fraught with problems. The question before the panel this week relates to a transfer that appears to have hit a dead end. Some time ago, a reader signed an offer to purchase on a property that formed part of a deceased estate. The previous owner had passed away two years before and the deceased's sister appeared to be dealing with the property. The reader explains that the sister was in fact the beneficiary of the property, but decided … [Read more...] about Dead end in Estate Transfer
