Good day I need some advise on property ...

Asked by AngeliqueB on 08-12-2021 10:18:20
Question posted in the Property Law category relating to Gauteng

Good day 

I  need some advise on property law. 

We are currently in the process of buying a new home. The transfer of the property has not been completed as yet and we would like to take occupation.  This means that we have to pay the occupation rent as signed for in the OPT.  The quiry we have is there is a tenant currenlty in the garden cottage of the property. 

Would like to know if we sign the occupation rent agreedment to whom will the rent go for the garden cottage. 

Does the rent for the cottage go to the seller how are still the property owners?

Or does the rent need to be paid to us the buyers whom will be renting the property until the transfer is completed.?

The OPT / sales agreedment  only states R12 000.00 occupational rent exluding water and electricity it does not say anything about the rent income form the cottage this is why we are unsure and requiry some advise. 

Many thanks


Angelique Botha

Message from the Lawyer

Posted by Att. Patrick on 10-12-2021 11:36:06

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, even if it is R150 or R200.

If you are going to be paying occupational rent for the property, that means that you are entitled to occupy the WHOLE property, and if there is a tenant in the garden flat, that means that you are entitled to receive that rental.

Otherwise, your occupational rent must be reduced by the same amount as the rental that the tenant is paying.

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required deposit, 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 deposits for their questions - they get serviced first!

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