Good dayMy rental agents had changed whi...

Asked by FAMIDA on 18-10-2023 12:37:33
Question posted in the Property Law category relating to Western Cape

Good day

My rental agents had changed whilst I am still residing on the property.

1st occupation took place on the 1st of July 2021 to 31st December 2021 (6 months rental)

Renewed lease on the 31st December 2021 to 30th June 2022 (6 months)

Deposit held as stated in the lease agreement with managing agent A;

This deposit will be placed in an interest-bearing account with a financial institution. After deducting any amountsowed by the tenant in terms of clause 6 the landlord /agent must pay the remainder of the deposit to the tenant,together with any interest accrued thereon at the applicable rate, within 14 (fourteen) days of the restoration date.5.4 If the deposit is given to an Agent and not to the landlord, the agent will invest the deposit in accordance with theprovisions of the EAAB (Estate Agency Affairs Board).5.5 The EAAA (Estate Agency Affairs Act) requires the Agent to pay half of the interest earned to the Board and the otherhalf of the interest to the tenant in accordance with the provisions of clause 6.

New managing agent B took over on the 1st of July.

Lease continued as month to month

1st December 2022- managing agent B increase the rent by 15% with an increase of the deposit which is currently paid off.

A 12 month lease agreement was suggested to be signed commenced on the 1st of Febuary 2023 to 31st January 2024.

Lease agreement addendum stated the below; (1st Letter) - signed and returned

An addendum to the lease agreement needs to be drafted (not an entire new lease agreement).An amount of R325.00 is to be settled that will allow the necessary documentation to be drafted.

October 2023 recieved a letter ( Lease project)

Update lease conversion - with my requested details completed and signed.Outdated lease letter received -The landlord has kindly undertaken to bear the cost of this exercise, whichwill greatly benefit you as follows:• Interest on your deposit accruing to you rather than the PPRA (previously the EAAB)• Market-related, rather than fixed, rental escalation terms• Updated references to new legislation governing the tenant/landlord relationship• A much needed (per new legislation) opportunity to update FICA documents.Please note that we will not perform Credit Check or new ingoing inspection, the existing one will stillapply. As you are currently in a fixed lease renewal period (as per your signed addendum), the new full lease agreement will be from 1 November 2023 to fixed period concluded date, as outlined on said addendum.

New lease recieved and I require some clairty on the below that is stated in the lease before i sign;

1. Lease costs - IS THIS LEGAL?

1.1 during the initial fixed period or during any written renewal of such Lease,the Tenant shall be liable for payment of a lease cancellation fee to ***** calculated at 50% plus vat of the monthly rental payable by the Tenant. Landlord will beentitled to charge the Tenant a maximum of 2 (two) calendar months of the rental that is payable at the time of the Tenant cancelling the Lease and which the Tenant agrees is a fair and reasonablecancellation penalty.


The Tenant shall:

8.1 On the signing of this agreement pay a deposit in the amount stated in clause 5 of this schedule to theLandlord’s managing agent, ****. The Tenant agrees with the Landlord that the said managing agentshall invest the said deposit in an interest-bearing account for the benefit of the Tenant.

8.2 The Tenant understands that in terms of Section 32(2)(c) of the Estate Agency Affairs Act, the EstateAgents Board is entitled to interest earned on such deposits in the absence of a written agreement to thecontrary.

8.3 The managing agent undertakes to place and administer the deposit with the financial institution with whichit normally deals. In investing, administering, managing and dealing with the deposit from time to time asand when required, the costs of disbursements, the cost per account of auditors fees, telephone calls,facsimiles and photocopies payable by the managing agent, shall be charged to the Tenant via an annualfee for such services.

8.4 The Tenant shall pay the annual fee of R100 plus VAT to the managing agents upon request (option 1) oragree that such fee may be deducted from interest earned on the deposit (option 2). Having considered theoptions, the tenant chooses (mark the option chosen and initial):

Message from the Lawyer

Posted by Att. Patrick on 20-10-2023 16:09:06

Hi there,

I see that you haven't made a payment for the question. If you want me to assist you, please can you make a payment - even if it is R150 or R200.

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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