Asked by JacoH on 07-10-2014 12:32:20
Question posted in the General Law category relating to Gauteng
Question posted in the General Law category relating to Gauteng
I am being sued by a previous landlord see below:
To whom it may concern,
Please find our response below.
Claim No 1: R36 073.86
1.) R 17 113.68 Security System.
2.) R660.00 Electric Fencing
The electric fencing was not working from day 1.
We then had the energizer fixed to get the fencing working again as the property was unsafe.
There was an electrical storm that blew the energizer and the alarm system of the property. Mr Bester paid for CHUBB to fix the alarm system due to the lightning damage, however the fencing was not fixed.
This subsequently lead to 2 incidents one of which we were assaulted in the house, where considerable losses by ourselves were incurred due to loss of income and theft of personal and our employers’ property. Details can be supplied if required.
Annexure C is a quotation dated 4 months after we vacated the property please supply invoice. We cannot be held responsible for this as the alarm system was in 100% working order when we vacated the property. Mr Bester has the invoice for the alarm cost that was fixed while we occupied the property.
3.) R17 100.00 – Repairs to flooring, Carpet and Shower.
When we occupied the property the main living room carpet was filthy from dog urine of the previous owners we had this cleaned at our own expense. The shower in the main en-suite was leaking and this can be confirmed on inspection lists.
There was a leak in the kitchen wash up area and the kitchen wooden floors were damaged. Also the 2nd bedroom had an iron mark burn. The rest of the flooring in the house was 100%.
We are therefore prepared to pay the cost of the kitchen flooring and the 2nd bedroom carpet.
Please supply a readjusted quotation and we will make arrangements to pay off this amount.
Mr. Bester did not return our deposit so the R11400.00 can be used towards this (R12000 deposit – R600 contract cancellation fee).
4.) R1200.00 - Rubble in the area behind the garage had been there since we moved in this can be confirmed on the initial inspection list. We will not be held liable for this.
Claim No 2: R91 273.96
1.) Mr Bester had a leak on his property between the Main House and the Lapa. Our garden service found the problem and we reported it to Mr Bester.
He sent out his own contractor to dig up the Boma area and replace the corroded pipes in the garden. The leak also collapsed the wall between Mr Bester property and the neighbours.
The water account for this time period was well above the average monthly consumption and we as tenants cannot be held liable for faulty pipes on the owner's property.
Mr Bester seized 2 of our vehicles which he held as collateral until the investigation had been resolved.
As far as we are concerned the unusual account for the 3 months is as result of the water leak.
We will therefore pay the average consumption for the period but not the full amount caused by the leak.
We will request accounts from the Municipality and do a reconciliation of this to determine the amounts paid and the amounts outstanding. Should there then be any costs to us we will make arrangements to to pay off this amount.
Mr Bester has now proceeded to take legal action and we therefore formally request that he return our vehicles.
To whom it may concern,
Please find our response below.
Claim No 1: R36 073.86
1.) R 17 113.68 Security System.
2.) R660.00 Electric Fencing
The electric fencing was not working from day 1.
We then had the energizer fixed to get the fencing working again as the property was unsafe.
There was an electrical storm that blew the energizer and the alarm system of the property. Mr Bester paid for CHUBB to fix the alarm system due to the lightning damage, however the fencing was not fixed.
This subsequently lead to 2 incidents one of which we were assaulted in the house, where considerable losses by ourselves were incurred due to loss of income and theft of personal and our employers’ property. Details can be supplied if required.
Annexure C is a quotation dated 4 months after we vacated the property please supply invoice. We cannot be held responsible for this as the alarm system was in 100% working order when we vacated the property. Mr Bester has the invoice for the alarm cost that was fixed while we occupied the property.
3.) R17 100.00 – Repairs to flooring, Carpet and Shower.
When we occupied the property the main living room carpet was filthy from dog urine of the previous owners we had this cleaned at our own expense. The shower in the main en-suite was leaking and this can be confirmed on inspection lists.
There was a leak in the kitchen wash up area and the kitchen wooden floors were damaged. Also the 2nd bedroom had an iron mark burn. The rest of the flooring in the house was 100%.
We are therefore prepared to pay the cost of the kitchen flooring and the 2nd bedroom carpet.
Please supply a readjusted quotation and we will make arrangements to pay off this amount.
Mr. Bester did not return our deposit so the R11400.00 can be used towards this (R12000 deposit – R600 contract cancellation fee).
4.) R1200.00 - Rubble in the area behind the garage had been there since we moved in this can be confirmed on the initial inspection list. We will not be held liable for this.
Claim No 2: R91 273.96
1.) Mr Bester had a leak on his property between the Main House and the Lapa. Our garden service found the problem and we reported it to Mr Bester.
He sent out his own contractor to dig up the Boma area and replace the corroded pipes in the garden. The leak also collapsed the wall between Mr Bester property and the neighbours.
The water account for this time period was well above the average monthly consumption and we as tenants cannot be held liable for faulty pipes on the owner's property.
Mr Bester seized 2 of our vehicles which he held as collateral until the investigation had been resolved.
As far as we are concerned the unusual account for the 3 months is as result of the water leak.
We will therefore pay the average consumption for the period but not the full amount caused by the leak.
We will request accounts from the Municipality and do a reconciliation of this to determine the amounts paid and the amounts outstanding. Should there then be any costs to us we will make arrangements to to pay off this amount.
Mr Bester has now proceeded to take legal action and we therefore formally request that he return our vehicles.
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