There is a dispute on the value of damage caused by the tenant. The tenant has offered R1000 the owner wants R1500. The owner is insisting I take off R1500 pay her and pay balance to tenant.
Tenant insists that at R1000 is a good offer and owner likewise.
I advised the owner that I may not just deduct an amount from a deposit without the tenants consent. I also said her next step seeing we have no mutual agreement is that she instructs an attorney to take the matter to the magistrate's court to give a ruling.
The tenant has vacated the premises some 2 months ago and I have given the owner 7 days to take legal action or I must refund the tenant the full amount ( or his offer of R1000.)
Please advise me on the how I have handled the matter so far and am I correct in my advice to the owner.
Kind regards
~ Derek ~
REPLY:
Dear Derek
What you need is a 'middle man' to settle this matter. Find out yourself exactly how much the damage should come to and set yourself up as the facilitator, failing which find someone who can do it. It does not have to be an attorney but someone experienced in facilitation.
Tosca van der Hoven in George was on the Rental Housing Tribunal for years and is an excellent facilitator and mediator. Why not ask her to act as the person who can broker a deal between two parties. All you must do is get both parties to agree in advance to abide by her decision or, if you do it, by your decision.
You are correct with regard to the deposit. If necessary withhold an amount of R1 500 in trust indefinitely until the dispute is settled between the parties.
Good luck!
Vivien |
