Question posted in the Property Law category relating to Eastern Cape
Hi, trust you are well. I need to know more about material breach. I have sent the following email to my rental agency with a termination as lease agreement but they said I can only give notice on 01 Sept which mean I have to pay another R13k for the chaos I live in.
09 July 2021
Viewing arranged with Tasmin for the morning. It was raining and the agent could not open the remote gate. The viewing was then rescheduled for a time later that day. Agent said she would have the remote gate looked it.
I still have to open and close the remote gate manually with great difficulty. Most of the time I have to use my foot to do so. I have cervical vertebra injuries and manually opening and closing what is supposed to be a remote gate contributed to the fact that I now have to wear a neck brace. The fact that my co-applicant could not move in because of the boundary walls played a huge role – I have no assistance.
16 July 2021
1st written mention of the boundary wall (oral mention was on day of viewing). The owner / landlord met with me (Ms Hanekom) at the property and said he will get a quote to repair the boundary wall as it is a huge security risk (as mentioned in my WhatsApp to Tasmin). To date nothing has been done.
As mentioned to Tasmin before my co-applicant will only be able to move in once the boundary walls are up. I do need the co-applicant to move in with me because of my medical condition as I need assistance in the day-to-day managing of life itself. That, first and foremost.
Secondly I cannot afford the rent by myself, hence my sister as a co-applicant.
Thirdly because there was no attempt to get the boundary walls fixed, the co-applicant had to extend her lease which you can imagine caused a ripple effect as she had to re-arrange her stay with her current landlord.
Fourthly, my application was to move in with pets, and approved as such. But because of the boundary walls I cannot let my dog roam freely in the yard as she would get lost in the neighbours’ jungle.
23 July 2021
We were advised that Victor (the Contractor) will be contact with us re broken window, amongst other things, in the bar area as per the snag list which was cracked and had to be replaced, but due to heavy winds and rains fell out and left a cold draft right through the house. He was also to have a look at / replace / repair broken lights and dining room rail. The dining room rail is still hanging loose at one end and the chandelier in the entrance wall is still hanging skew for over 3 weeks now where the light as well as the light fitting has been taken off for repairs.
Garage door cannot lock, therefore, from time to time, I have to check that my belongings in the garage is safe. The door itself opens with great difficulty, it does not hook in well unless you are tall. Something the rental agent showed me on the day of viewing.
Curtain rails said to be hung and it is still note done.
Curtain rail in the main bedroom broke out of the wall when I tried to opened the curtains, cannot just put is back as new holes have to be made.
No shower door
Some of these repairs are really minor / small repairs. Unfortunately as these simplest of repairs could not have been done in 3 weeks I have lost all my trust in major repairs i.e. the boundary wall at the premises.
Financially it does not make sense to maintain two rentals whereas it only would have been one. We have to carry additional cost to get the co-applicant to and from 28 Neville Street, Western Hills as and when I need her. Whether during the week or over weekends.
Please take note of point 24.2 and my first written mention of the boundary walls which imposes a great security risk (16/07/2021.).
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