Good Day,Appreciate your assistance with...

Asked by mjmapi on 09-11-2023 18:00:33
Question posted in the General Law category relating to Eastern Cape

Good Day,

Appreciate your assistance with this matter regarding a new property my wife and i just bought

The estate is under trust or executorship, it belonged to my father in lawWe were aware that the house was being rented out by the trust/executor to avoid it standing vacantOur offer to purchase we stated we wanted vacant property on registration, no intentions to take over the tenantIt came to our attention that the tenant was two month behind on the rent, this after we failed to get vacant property on registration, The trust lawyer now tells us lease survives agreement, reading up on this its become clear we became new landlords on registration of the property, I think the lawyer intentionally  did not inform us about this , what happens to our request for a vacant property on registration?, the lease agreement we now being told we took over was never shared with us, this I assume to be requirement from the law if we expected now to be landlords, The tenant was served with a months notice to vacate by the trust, but stated will contest it as was given only one month to vacate by the trust/executor (this was only done after property was registered to our name), When we asking for our rental occupational rent from the trust the lawyer told us it was not included as part of the offer to purchase and so not suppose to get any, how is this possible when we paying a bond to this property?Our offer to purchase has a clause that we responsible for the removal of the tenant, but we can claim this back from the sellers, slip on our side as we inform the lawyer at the time we don’t want to be accountable for eviction cost, those were to by the seller 

Please advise on our legal standing here,

Can we claim for our occupational rent?,Are we liable for the lease agreement even though it was never shared with us and we stated on our offer to purchase we wanted vacant property?,If we have to institute the eviction to the tenant, how to we ensure we get our money back from the seller/trust?Can we institute legal actions against trust to ensure that trust does not liquidated  until the eviction of this tenant is done and our legal fees for this are paid out?

Thanks in advance

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