Asked by the Customer on 14-05-2015 12:11:33
Question posted in the Landlord Tenant Law category relating to Gauteng
Question posted in the Landlord Tenant Law category relating to Gauteng
As per the advise from yourselves I have deducted the charge for the COC certificate from the rental amount and just paid the balance.
The landlord are now threatening to evict me as he say,s I am in bridge of the rental agreement.
I have asked him various times to show me were this is stipelated in the lease agreement and he have just ignored my corrospondense and did not reply.
I have checked the agreement and there is nothing that states the tenand is responsible and there is also nothing stating that we should pay for diesel for the generator which we never had to pay for until he bought the centre.
He is now trying to put presure on me by also refusing Mtn the oppurtunity to complete the fibre cable installation that he agreed on before.
He have sold the premisses and are now just trying to get as much money out of the tenands eligle
The landlord are now threatening to evict me as he say,s I am in bridge of the rental agreement.
I have asked him various times to show me were this is stipelated in the lease agreement and he have just ignored my corrospondense and did not reply.
I have checked the agreement and there is nothing that states the tenand is responsible and there is also nothing stating that we should pay for diesel for the generator which we never had to pay for until he bought the centre.
He is now trying to put presure on me by also refusing Mtn the oppurtunity to complete the fibre cable installation that he agreed on before.
He have sold the premisses and are now just trying to get as much money out of the tenands eligle
Message from the Attorney
Posted by Att. Patrick on 14-05-2015 16:20:02
Hi there and thank you for your question,
I'm afraid that the advice previously given is still correct.
The landlord is only entitled to cancel your lease agreement if you are in breach of the terms of the lease agreement and you refuse to rectify that breach. If there is no breach, there can't be a cancellation. Further, the landlord needs to advise you of which term of the lease agreement you are in breach of. If he hasn't done this, then how can he claim a breach.
It all sounds as if he's trying to bully you.
Also, unless your lease agreement states that the tenants are responsible for the diesel for the generator, then how can he charge you for the diesel. The simple answer is that he can't, unless you don't have the rights to use the generator - in which case the landlord can simply say "You don't have the rights to a generator in terms of your lease. I'm doing this for you as a favour, therefore you need to pay for the diesel."
Unfortunately he seems to have caught you on the whole MTN thing since the landlord will need to consent to MTN digging up the pavement (or road or whatever) to install the fibre optic cable. You'll either need to wait until the building is sold, or you will need to pay for the COC certificate so that you can get your fibre optics...
Otherwise, you could sue the landlord and demand that he allows MTN to complete the installation. Basically ask the Court to order him to allow MTN access. But that will be a long and expensive road!
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.
I'm afraid that the advice previously given is still correct.
The landlord is only entitled to cancel your lease agreement if you are in breach of the terms of the lease agreement and you refuse to rectify that breach. If there is no breach, there can't be a cancellation. Further, the landlord needs to advise you of which term of the lease agreement you are in breach of. If he hasn't done this, then how can he claim a breach.
It all sounds as if he's trying to bully you.
Also, unless your lease agreement states that the tenants are responsible for the diesel for the generator, then how can he charge you for the diesel. The simple answer is that he can't, unless you don't have the rights to use the generator - in which case the landlord can simply say "You don't have the rights to a generator in terms of your lease. I'm doing this for you as a favour, therefore you need to pay for the diesel."
Unfortunately he seems to have caught you on the whole MTN thing since the landlord will need to consent to MTN digging up the pavement (or road or whatever) to install the fibre optic cable. You'll either need to wait until the building is sold, or you will need to pay for the COC certificate so that you can get your fibre optics...
Otherwise, you could sue the landlord and demand that he allows MTN to complete the installation. Basically ask the Court to order him to allow MTN access. But that will be a long and expensive road!
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.
Message from the Customer
This is the guy that installed the Cell c Board on the premisses Please advise what to do if I come here one morning and my store is locked ?
Message from the Attorney
Posted by Att. Patrick on 18-05-2015 14:44:06
Hi there,
I've literally got no idea what you're trying to add above. Please can you explain.
I've literally got no idea what you're trying to add above. Please can you explain.
Message from the Customer
The building have been sold but the landlord have now log me as n slow payer with Trans union for not paying the amounts that we are in dispute with.
What can we do from here.
What can we do from here.
Message from the Attorney
Posted by Att. Patrick on 24-06-2015 14:37:49
Hi there,
The best advice that I can give you is that you should log a dispute with TransUnion.
http://www.transunion.co.za/za/personal/creditDisputes/logADispute.html
The best advice that I can give you is that you should log a dispute with TransUnion.
http://www.transunion.co.za/za/personal/creditDisputes/logADispute.html
To log a dispute about your TransUnion Credit Report:
1. Call us on 0861 886 466 to log your dispute. We will send it to you to complete.
2. It is also recommended that you obtain your TransUnion Credit Report (if you don’t have a recent copy) to substantiate the reason for your dispute/query.
3. To protect your security, we must be sure of your identity. You must also provide a copy of your FICA (Financial Intelligence Centre Act) documentation. Your FICA documentation includes certified copies of your identity document book and any one of the following documents:
All documents must include your current address.
4. Return the completed dispute form and the FICA documentation to the address in the instructions provided with the dispute form.
2. It is also recommended that you obtain your TransUnion Credit Report (if you don’t have a recent copy) to substantiate the reason for your dispute/query.
3. To protect your security, we must be sure of your identity. You must also provide a copy of your FICA (Financial Intelligence Centre Act) documentation. Your FICA documentation includes certified copies of your identity document book and any one of the following documents:
- Electricity account less than 3 months old
- Store account statement less than 3 months old
- Lease agreement
- Letter from a tribal chief or civic organisation
- Letter from your parents if you are living with your parents
- Letter from your employer
- Income tax form less than 12 months old
All documents must include your current address.
4. Return the completed dispute form and the FICA documentation to the address in the instructions provided with the dispute form.
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