Assessment & Traning Centre

Hi Vivienne and Debbie

Do I understand it correctly that with the CPA coming into being on 1 April 2011, that the 20 business day notice from tenants and landlords to each other, has not been included under residential rentals?

Kind Regards / Vriendelike groete

Marlene

Help please!! Who is responsible for monthly refuse charge…and owner or tenant?

Cornelia

Hi Vivian,

I saw your piece in the Tyger Burger on Agents turning to rentals.. ( I have purchased a property.. waiting on registration, this I will rent out preferable through an agent. But below is the info i request if you could possible help me.)

I am not an agent but the following caught my eye “ ... very often when a tenant has vacated a property...... Without jointly recording ingoing and outgoing inspections there is no basis for deducting from a deposit in terms of the Rental Housing Act..

I am in an situation where I rented from the owner for 2 years, they sold the house and I had to move on short notice. I have always looked after the placed I lived in (built 2 houses, lived there for 2 years plus then sold it, currently renting) The house i moved in 2 years ago which I now vacated, was a newly build place. The contract I signed did not state I’m not allowed to put up portrait hooks, anyway, no jointly recording was made when I moved in or OUT!! The woman who bought the place came to look, as the owner and his wife was not available..but no list was made, according to me the place is fine nothing broken etc, yes the walls need a paint cause the paint can’t be washed, its of such poor quality that the paint stuck against my leather lounge suite where my cleaner pushed it against the wall. I handed the woman the keys.

When i called them to hear when I will get my R4500.00 they said once the REPAIR and paint the walls?? I spoke to the owner, I said fine, give me the opportunity to get a friend of mine who has been painting houses the last 16 years, to come paint the place, I will pay him then when they come and inspect and are happy they can pay back my deposit. The owner said that’s not how he works, my friend must give him a quote, my friend says he will do me a favour not for this guy, hes got nothing to do with him.

All this was a week ago, I moved out the 31^st of Jan 11.

To give you an idea, the person I’m renting from now, I took her to that house to show her how neat I keep a place after living there for 2 years, and on that ground she gave me her house to rent.

Please advise if there is anything I can do to get my money back, or at least have the chance to do the “so called repairs” myself, then I have conrol over how much they spend. My rent was paid on time every month, they never had any problems with me renting the place.

Kind regards and thank you

Noleen

Dear Vivien

I came across an article from August 2010 on Rent News from the Centre.

It states that any penalties charged for late payment or non payment of rental can only be charged if the agency is a registered debt collector/ Would an Agent be regarded a a debt collector in terms of receiving regular rentals?

I look forward to your comment/s.

Kind regards--
Noni

Dear Debbie,

When we did the yearly increase in rent in the past, we never increased the deposit. We are aware that there are Managing agents who do this and include it in the addendum. We have informed some of our tenants of the ‘top up’ of their deposit. Some understand, but some are very difficult.

What is the correct way to go about it legally, and how do we motivate it without offending the tenant, what would the Rental Housing act expect of us ?

Thank you for your help,

Regards

Marise

Dear Debbie,

Please tell me if I understand this correctly… A tenant may give 20 business days notice to cancel the lease agreement, but he stays responsible for the rent until a new lease is signed, and a penalty clause may be implemented (waiting for instruction)

Initially after the rental day, we thought a tenant may give 20 business days notice, without staying responsible for the rent until a new tenant has been found, but a reasonable penalty clause can apply.

We understand the indemnity clause, but what happens is the owner or a contractor appointed by the owner accidentally damages property/furniture of the tenant, is he also indemnified?

Hope to hear from you soon, thanks in advance for your time,

Kind Regards

Ilse

Dear Assessment Centre,

I have been to a CPA seminar and the normal leases are excluded form the act...( if it is not in the normal course of business of the landlord)  This would then only apply for legal entities with assest value over R2mil and selective leases in normal course of business of the landlord.

Please advise whether your interpretastion is different.

Melanie (attorney of STBB ) is a fundi on the Act and this was stressed that most “normal” sales and leases are excluded

Regards

Hanlie