Asked by the Customer on 25-11-2015 07:14:19
Question posted in the Landlord Tenant Law category relating to Gauteng
Question posted in the Landlord Tenant Law category relating to Gauteng
Morning,
I need advise with regards to a dispute between myself and my landlord, my landlord contacted me in September this year to communicate that he would be immigrating in the new year and would be putting the property that we are renting from him on the market. I subsquently started looking for a new premises to rent and contacted him on the 1st of October to inform him that we I was giving him notice 1 Calender month.
On the last day I phoned him to make arrangements to handover the keys as well as inform him that I had gotten the garden and house cleaned so all was in good order.
After we had handed in the keys I received an email threatening to list me on TPN as he was demanding another months rent as well as outstanding utilities, we have paid a deposit of R11500.00 of which was supposed to held in an interest bearing account of which he seems to want to keep as well.
I would like advise on how to proceed with this matter
I need advise with regards to a dispute between myself and my landlord, my landlord contacted me in September this year to communicate that he would be immigrating in the new year and would be putting the property that we are renting from him on the market. I subsquently started looking for a new premises to rent and contacted him on the 1st of October to inform him that we I was giving him notice 1 Calender month.
On the last day I phoned him to make arrangements to handover the keys as well as inform him that I had gotten the garden and house cleaned so all was in good order.
After we had handed in the keys I received an email threatening to list me on TPN as he was demanding another months rent as well as outstanding utilities, we have paid a deposit of R11500.00 of which was supposed to held in an interest bearing account of which he seems to want to keep as well.
I would like advise on how to proceed with this matter
Message from the Attorney
Posted by Att. Patrick on 25-11-2015 10:16:32
Hi there and thank you for your question,
First, there is legally nothing wrong with your landlord putting the property on the market while you are still renting it. In South Africa tenants rights are protected, which means that the new owner is not entitled to kick you out of the property when he takes transfer. Instead, the property would be "sold with the lease" and you would be entitled to remain there. That does not mean that the new owner won't refuse to renew your lease when it expires!
From what you've said above, it appears (if you've paid your rental for the last month) that there is NO basis whatsoever for him to list you on TPN as a defaulting tenant, nor to withhold the deposit that you've previously paid him.
If there are utilities (water, electricity, etc) that are outstanding, I suggest that you write to the landlord and tell him that he must (i) first, provide you with proof of the amounts; and then (ii) deduct those amounts from your deposit; and then (iii) provide you with a reconciliation statement for your deposit, taking into account the interest earned and the charges deducted.
I would suggest that you (in addition to the above) lay a complaint with the Housing Rental Tribunal in Cape Town. Their main function is to assist in disputes between landlords and tenants, especially in relation to the repayment of deposits. Their services are also FREE, which is a plus.
If there is a clause in your lease agreement which requires an out-going inspection, I would suggest that you demand that the landlord does this with you present, and that a list of "issues" be drawn up. Also, if there was an in-coming inspection, you should take that report along with you.
There is a list of the forms on their website that you can complete, but the form dealing with a failure to repay rental is here.
The reason for me suggesting the Housing Rental Tribunal is that it is free, and quite well run. They have people who sit on their panel who are intelligent, and who can provide a good ruling - something which can be made an order of court, and can authorise the sheriff to attach the landlord's property if he refuses to comply!
I wouldn't recommend an attorney, as the charges would quickly out-weigh the amount claimed.
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.
First, there is legally nothing wrong with your landlord putting the property on the market while you are still renting it. In South Africa tenants rights are protected, which means that the new owner is not entitled to kick you out of the property when he takes transfer. Instead, the property would be "sold with the lease" and you would be entitled to remain there. That does not mean that the new owner won't refuse to renew your lease when it expires!
From what you've said above, it appears (if you've paid your rental for the last month) that there is NO basis whatsoever for him to list you on TPN as a defaulting tenant, nor to withhold the deposit that you've previously paid him.
If there are utilities (water, electricity, etc) that are outstanding, I suggest that you write to the landlord and tell him that he must (i) first, provide you with proof of the amounts; and then (ii) deduct those amounts from your deposit; and then (iii) provide you with a reconciliation statement for your deposit, taking into account the interest earned and the charges deducted.
I would suggest that you (in addition to the above) lay a complaint with the Housing Rental Tribunal in Cape Town. Their main function is to assist in disputes between landlords and tenants, especially in relation to the repayment of deposits. Their services are also FREE, which is a plus.
If there is a clause in your lease agreement which requires an out-going inspection, I would suggest that you demand that the landlord does this with you present, and that a list of "issues" be drawn up. Also, if there was an in-coming inspection, you should take that report along with you.
There is a list of the forms on their website that you can complete, but the form dealing with a failure to repay rental is here.
The reason for me suggesting the Housing Rental Tribunal is that it is free, and quite well run. They have people who sit on their panel who are intelligent, and who can provide a good ruling - something which can be made an order of court, and can authorise the sheriff to attach the landlord's property if he refuses to comply!
I wouldn't recommend an attorney, as the charges would quickly out-weigh the amount claimed.
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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