Hi there.I have a few legal questions.RE...

Asked by BrentWinter on 08-11-2021 09:25:35
Question posted in the General Law category relating to Gauteng

Hi there.

I have a few legal questions.

REQUEST FOR ASSISTANCE:I am looking for guidance in terms of who I would need to talk to, or which legal category each of these would fall under:

1. I am having a problem with a former landlord threatening legal action.

2. Issues related to Managing Agent and Trustees in a Sectional Title Scheme.

3. Clarification on issues within the Sectional Titles Management Act.

At the moment, aas I mentioned, I have no idea where to even begin looking for the correct advice from the correct people. If you could please point me in the right direction.

Thank you,

Brent

Further information relating to Question:

***BLOCKED-EMAIL-ADDRESS*** 071 384 0190

Information Requested by Lawyer

Posted by Att. Patrick on 08-11-2021 11:04:38

Hi there, 

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

This is a request for information so that I can understand your question and give you a proper answer.

Re 1) - what sort of former landlord issues are you having? Can you explain a little bit more perhaps in 2 or 3 lines?

Re 2) - Again, what sorts of issues?

Re 3) - What clarity are you looking for?

Also, what outcome would you like from this whole thing?

Awaiting your further information.

Att. Patrick

Information provided by client

Good afternoon Patrick,

First issue: the landlord

I was renting a flatlet, where I stayed for 5 years. The original contract signed allowed the landlord to increase the rent by 10% each year. However, due to the fact that I was unable to work, and that a third party was paying my rent, the landlord verbally informed me that the rent would NOT be increased. In late August of this year, I received a phone call one morning informing me that I needed to vacate the premises by that night, as a new tenant would be moving in. When I approached the landlord to recover the original deposit, the remainder of August rent, as well as amount for the month that should have been notice, it appears they want to claim for "back rent" for all the months that the rent was not increased.
Preferable Outcome:
Advice and guidance. I would really prefer this to not become a full blown legal matter.

Information provided by client

Second issue: Managing Agent and Trustees - Contraventions of Sectional Titles Management Act

The Management Agent appointed 5 people as Trustees 2 years ago. The Body Corporate were just informed that these are the new trustees. Since then, there has not been an AGM, no access to accounts or minutes, money is being spent without Body Corporate approval. Managing Agent is actively assisting these people in their behavior. Basically every aspect of the Sectional Titles Management Act of 2011 and Sectional Titles Management Rules of 2016 have been contravened and ignored.
Desired Outcome: Guidance as to who to speak to in order to institute legal action.

Information provided by client

Final issue: Clarification on one aspect of the Sectional Titles Management Rules of 2016

My apologies. I just found my answer in a subsection of the rules I had misread.

Answer to the Question

Posted by Att. Patrick on 08-11-2021 16:27:26

First issue: the landlord - if the landlord agreed not to increase the rental, then that's the agreement. He can't go back in time to increase it. That's not how the law works. Also, he would need to give you a month's notice to terminate the lease and for you to move out. He can't just say "leave tonight". That's illegal.

Answer to the Question

Posted by Att. Patrick on 08-11-2021 16:29:15

Second issue: Managing Agent and Trustees - I think what you need to do is to get all of the members together and insist on an AGM being called. At that AGM, you should then vote to remove the trustees and the managing agents, and vote on new trustees and a new managing agent company. The new trustees can then decide how to proceed (from a legal point of view) about the finances and spending without authorisation.

Answer to the Question

Posted by Att. Patrick on 08-11-2021 16:29:51

Final issue: Clarification on one aspect of the Sectional Titles Management Rules of 2016 - perfect. Good luck.

Information provided by client

Thank you very much for your help, Patrick. I truly appreciate it.

Answer to the Question

Posted by Att. Patrick on 08-11-2021 16:52:25

It is a pleasure! Good luck!

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