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
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
Landlord seeking to lock tenant out
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
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
Unhappy Tenant
I would just like to know if other tenants have experienced any similar problems when renting from a landlord through a letting agent. I leased a house in a complex in February 2012 and the house had no alarm system or any security gates on the three doors that the house has. So I got permission to install security gates from the owner through the agent and installed three security gates. Now I will be moving out at the end of February do to the exorbitant increase in the monthly … [Read more...] about Unhappy Tenant
Huur gaat voor koop
The Property Poser panel has been approached by a reader who recently purchased a property that includes a garden flat with an existing tenant. The reader says the previous owner entered into a year-long lease agreement about three months ago and the lessee would like to stay on despite the change of ownership. However, the letting agent now claims that the new owner is responsible for his commission and the only way for her to be absolved of this is for the tenant to move out. The … [Read more...] about Huur gaat voor koop
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 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
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?
