Good day, I am renting a flat I am a ten...

Asked by MeganH on 22-06-2021 15:06:22
Question posted in the Property Law category relating to Gauteng

Good day, I am renting a flat (I am a tenant) as part of a small complex and my gas stove glass top shattered. I do not know why the stove top broke, I had been using it normally for around 5 months and when it broke I was cooking as per normal. I believe this was either normal wear and tear or malfunction. Immediately I informed the agent of the damage and the maintenance personal was sent the following day (as this was in the evening) to check. They said they'd need to check at the local appliance outlet for a replacement and it may need to be ordered. As such, I have waited for over a week for a replacement. When asking again about the stove top and a possible rebate on costs as I cannot make use of all the amneties I was told that they were still busy getting quotes and insurance to handle it, and if I chose to vacate the premises I would be held accountable for the costs of repairing the stove top. I would like to know what are my rights here:1. If the stove top is not fixed by the end of the week, has the owner violated the lease agreement since I cannot make full use of the amneties?2. What happens if the lease agreement is violated? Am I allowed to vacate without penalty or are there other steps I need to make?3. Am I not entitled to a rebate if I am losing funds cooking elsewhere or buying expensive premade meals because I cannot use the stove top?Thank you for your time and advice.

Answer to the Question

Posted by Att. Patrick on 26-06-2021 21:37:14

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

Re: 1) If the stove top is not fixed by the end of the week, has the owner violated the lease agreement since I cannot make full use of the amenities? --> In my opinion, no.

Re: 2) What happens if the lease agreement is violated? --> If it was a proper breach, you could cancel the lease after you've given the owner 7 days notice to rectify the breach. But I don't think that this is a breach. 

Re: 3) Am I not entitled to a rebate if I am losing funds cooking elsewhere or buying expensive premade meals because I cannot use the stove top? --> I doubt it.

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

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