Asked by the Customer on 10-03-2015 14:44:25
Question posted in the General Law category relating to KwaZulu-Natal
Question posted in the General Law category relating to KwaZulu-Natal
Hi
In April last year I moved into a cottage on somebody's property for R6500/month incl water, lights and Dstv.
On the second night in the premises the landlord had a car accident which had him in a coma for a few months. He has awoken, but will need mental care going forward due to damage to the brain.
The attorneys taking care of his matters asked me to care for the animals and reduced my rent by R1000/month.
In September last year they asked me if I would like to move into the main house and look after the property. They would then find a tennant for the cottage, which they have now done.
A month ago, via whatsapp chat, I asked if I could stay on.
I was told I could stay on, however, the rent would increase to R7500.
I asked for 6 months with an option for a further 6 which was agreed to.
Yesterday the attorneys mailed asking if I wanted 6 months or 1 year. They also informed me that they will be adding a further R500/month for water and electricity.
I asked if they would reconsider the R500, but said I would accept if they didn't.
Today the attorney called to say that they could get a lot more rent for the house so are only willing to sign a 3 month lease.
Are the earlier messages and mails at all binding?
In April last year I moved into a cottage on somebody's property for R6500/month incl water, lights and Dstv.
On the second night in the premises the landlord had a car accident which had him in a coma for a few months. He has awoken, but will need mental care going forward due to damage to the brain.
The attorneys taking care of his matters asked me to care for the animals and reduced my rent by R1000/month.
In September last year they asked me if I would like to move into the main house and look after the property. They would then find a tennant for the cottage, which they have now done.
A month ago, via whatsapp chat, I asked if I could stay on.
I was told I could stay on, however, the rent would increase to R7500.
I asked for 6 months with an option for a further 6 which was agreed to.
Yesterday the attorneys mailed asking if I wanted 6 months or 1 year. They also informed me that they will be adding a further R500/month for water and electricity.
I asked if they would reconsider the R500, but said I would accept if they didn't.
Today the attorney called to say that they could get a lot more rent for the house so are only willing to sign a 3 month lease.
Are the earlier messages and mails at all binding?
Message from the Attorney
Posted by Att. Patrick on 10-03-2015 15:08:57
Hi there and thank you for your question,
In order for emails / letters to be binding on the parties (i.e. an agreement to come into place) there need to be a concensus reached, a meeting of the minds as to the exact terms of the agreement.
From what you've said above, it does not seem to me that there was finality reached as to the terms of the agreement, as you were still negotiating as to the terms. i.e. Extra R500 for electricity or not.
There was never a point in time that the parties could say "Yes, we have an agreement". That is your problem.
Further to this, there is not written lease agreement in place. This weakens your claim that there was an agreement reached between the parties.
My opinion is that the earlier messages and mails are NOT binding on the parties as there was no concensus reached.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
In order for emails / letters to be binding on the parties (i.e. an agreement to come into place) there need to be a concensus reached, a meeting of the minds as to the exact terms of the agreement.
From what you've said above, it does not seem to me that there was finality reached as to the terms of the agreement, as you were still negotiating as to the terms. i.e. Extra R500 for electricity or not.
There was never a point in time that the parties could say "Yes, we have an agreement". That is your problem.
Further to this, there is not written lease agreement in place. This weakens your claim that there was an agreement reached between the parties.
My opinion is that the earlier messages and mails are NOT binding on the parties as there was no concensus reached.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
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