Asked by the Customer on 17-06-2014 18:45:57
Question posted in the Landlord Tenant Law category relating to Free State

3 years ago I rented my property to a woman who was highly recommended by a good friend and has really been a good tenant (no damage, pays rent on time etc). We only have a verbal contract in which we discussed things like rent payment, no sub-letting,notice period andwhen I would be returning to live there (she didn't want a written contract). I was really keen to keep her as a tenant so I have not increased the rent since she moved in (this is just background- no problems yet). This month I have not received the rent and when I tried to contact her, her phone was no longer active. I was going to Welkom anyway (I live in Alberton)on the 14th -16th June 2014 so I decided to go there to find out what the problem was. The son's van was in the drive but no one answered so I went to see a neighbour to find out if she knew anything. She told me she had only found out by accident that 2 months ago my tenant moved to England for a year at least to work, leaving her son to live in the flat. She got hold of the number to contact my tenant and another to contact her son. I can only sms her as I can't phone overseas so I sms'd her that the rent had not been paid, and that I need the money ASAP. I sent the same sms to her son. I also tried to phone her son and got 'subscriber not available...).This was yesterday (17th June). I haven't received a response yet. I tried to phone the son again and got the same message.

My concerns are :

1.I don't have an agreement with the son

2. Who is responsible for the rent now and if the mom how do get it from her if she is overseas?

3. I do not want someone else to be renting the flat (Ididn't mind the son living there while his mom was there, but he is a young manand I worry about parties and damage for example)

4. I haven' been paid yet this month.

Any advice?

Pearl

Posted by Att. Patrick on 18-06-2014 23:55:29

Hi there Pearl, 

If you take the attitude that the mother is the tenant, and that by moving to the UK (not simply going there on holiday for 4 or more weeks) that she has abandoned the flat, and that she has no intention of returning to the flat, my suggestion is that she has "repudiated" her rental obligations and that means that you can cancel the lease agreement due to her breach. I would send a letter to her (care of her son) and explain that you are aware that she has left the property, and that she has failed to pay rental, and that you are accepting her actions as a breach of your lease agreement which entitles you to cancel the lease. 

Then, you've got to get the son out. 

The best bet is to try scare the son into moving out. Explain that if he doesn't move out you are going to attach all of his assets and eject him and sell his assets to cover your damages. Say that if he leaves now you will part friends. 

If he doesn't move, you've then got to launch an eviction application at the Magistrates Court which is in the district in which the flat is situated in. You'll most probably need to hire an attorney to assist you with the paperwork, as doing it wrong will see delays after delays. 

You've got to decide if you want to take a soft approach, or a hard line with them. If you are worried about parties and damage to your flat, I would most certainly want the son out - so take a hard line approach and start the eviction proceedings as soon as possible. 

You would always hire an attorney in your town to assist you, and then he hires a correspondent attorney close to the flat to do the filing and serving work. That would work the best. 

Let me know if you have any other questions. 

Regards and good luck!