Agent Wants To Terminate Contract

B-1 said:
If the owner has a contract with the agent it probably states that they can't lease to the same tenant that was introduced by the agent after cancellation of the contract. Its probably going to be a messy situation so tell them to be prepared to move if things go south.
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There is nowhere to move to!!! Why must their dispute become my family's problem if they have been faithfully paying their rent. We are trying our best to look for other accomodation. But there just isn't.
 
If you are 100 percent sure that the owner's position is what you say it is, the agent is not allowed to disregard the instructions within that relationship.

The fact the the agent is going against the owners instructions is reason enough for the owner to terminate that relationship. I still don't know why people use other thing else but a "finding" agent as a once off fee rather than pay recurring commission.

Ignore the agent and negotiate a lease with the owner directly. Cut the agent out completely, they are just an unnecessary middleman if a proper agreement is in place and the tenant vetted by the agent properly. *not intended as legal advice *you've got to pay for that
 
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homeless_sapien said:
There is nowhere to move to!!! Why must their dispute become my family's problem if they have been faithfully paying their rent. We are trying our best to look for other accomodation. But there just isn't.
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Life is complicated unfortunately. It also won't be fair for the owner to pay an agent commission that doesn't work on the property because they introduced the tenants. Hopefully it works out but I'm guessing the agent is going to cause problems so just telling you to be prepared for the fallout to be safe.
 
B-1 said:
Life is complicated unfortunately. It also won't be fair for the owner to pay an agent commission that doesn't work on the property because they introduced the tenants. Hopefully it works out but I'm guessing the agent is going to cause problems so just telling you to be prepared for the fallout to be safe.
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I think both the agent and the owner is the issue. I think the owner doesn't have the money to maintain the property and angry because the agent is probably withholding the rent from the owner. And then the agent doesn't want to take responsibility and got themselves in a difficult position, hence why they don't want to supply the contract. So now they trying to kick my family out as they are responsible for the agreement. And the fact that my family wants to negotiate the increase, but the agent does not want to negotiate (they have kicked some of my friends also out of their homes and they have the monopoly in town) or supply a contract, but the owner is happy willing to negotiate but still has an agreement with the agent.

So you have a hardball agent that doesn't negotiate and only play on their terms, and owner who is not happy and doesn't have funds and a just another family they couldn't give two hoots about, as they know there is nowhere else to go except if they give it to you.
 
this is one of the few times our backwards laws are a good thing. no chance in hell you can be summarily kicked out. stay put. when agent arrives, tell him to piss off.
 
profa said:
this is one of the few times our backwards laws are a good thing. no chance in hell you can be summarily kicked out. stay put. when agent arrives, tell him to piss off.
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We just have no energy going through a legal dispute or court having gone through an extremely tough and tiring 2020, financially and emotionally. Also can't afford to get a bad rep encase other accommodation has to be looked for and the agent has control over most properties in the area. Argh!
 
homeless_sapien said:
I think both the agent and the owner is the issue. I think the owner doesn't have the money to maintain the property and angry because the agent is probably withholding the rent from the owner. And then the agent doesn't want to take responsibility and got themselves in a difficult position, hence why they don't want to supply the contract. So now they trying to kick my family out as they are responsible for the agreement. And the fact that my family wants to negotiate the increase, but the agent does not want to negotiate (they have kicked some of my friends also out of their homes and they have the monopoly in town) or supply a contract, but the owner is happy willing to negotiate but still has an agreement with the agent.

So you have a hardball agent that doesn't negotiate and only play on their terms, and owner who is not happy and doesn't have funds and a just another family they couldn't give two hoots about, as they know there is nowhere else to go except if they give it to you.
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Correct.
Approach the Rental Housing Tribunal, the service is free. Give all the evidences of the unanswered communications, the photos of the poor condition of the place, the fault list backed up by the photos, the agents letters giving you notice, the inability of the owner to manage the agent etc. Stress that this is causing upheaval in the lives of the residents.

Make sure that you record the case number, in case they make good on eviction. Request that the tribunal make the agent the first respondent and the owner the second respondent. Request that the tribunal make an urgent order that:
  • Notice to vacate gets declared illegal;
  • Contract gets drawn up, presented to you and signed within 24 hours;
  • Contract to reflect your deposit paid;
  • Contract monthly payment amount is not increased by 10%, but by a maximum of 4.5% (or reasonable amount per CPI);
  • A statement of all rental payments made to date is given to you, as well as any offsets made by the owner / agent for cleaning and fixing and getting the place in a habitable state;
  • Owner gets given 45 days or another reasonable time to fix / repair all outstanding items on the fault list; and
  • Owner appoints a competent agent within 14 days.
 
RonSwanson said:
Correct.
Approach the Rental Housing Tribunal, the service is free. Give all the evidences of the unanswered communications, the photos of the poor condition of the place, the fault list backed up by the photos, the agents letters giving you notice, the inability of the owner to manage the agent etc. Stress that this is causing upheaval in the lives of the residents.

Make sure that you record the case number, in case they make good on eviction. Request that the tribunal make the agent the first respondent and the owner the second respondent. Request that the tribunal make an urgent order that:
  • Notice to vacate gets declared illegal;
  • Contract gets drawn up, presented to you and signed within 24 hours;
  • Contract to reflect your deposit paid;
  • Contract monthly payment amount is not increased by 10%, but by a maximum of 4.5% (or reasonable amount per CPI);
  • A statement of all rental payments made to date is given to you, as well as any offsets made by the owner / agent for cleaning and fixing and getting the place in a habitable state;
  • Owner gets given 45 days or another reasonable time to fix / repair all outstanding items on the fault list; and
  • Owner appoints a competent agent within 14 days.
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Thank you sir!
 
If I can add one thing, in terms of the deposit, the agent is meant to deposit it into an interest bearing account, as well as send monthly statements for this. The rental tribunal are there for you, and do not take kindly to rogue agents.

Your other option in the interim is to contact the principal agent at the agency, and lay out the problems, in all likelihood, the agent will get a big kick up the ass to sort out.
 
There is an organization that you and the owner should contact... The Estate Agents Affairs Board.

They will investigate the agents conduct and if found to be in fault they can either suspend the agents/agencies license or revoke it completely.
 
Unless the agent is the lessor on the lease, simply bypass the agent and sign a renewal lease direct with the landlord.


The agreement between the agent and the landlord has nothing to do with you, just make sure that you won't be liable for a commission claw back from the agent but it doesn't seem likely in this case
 
After speaking to my family, they say they signed documents when they moved in at the agents office. But since then they refused to send them a copy of the documents. As mentioned they have requested this many times. :mad:

KZN departments are very slack when it comes to help, but I think we should approach the Rental Housing Tribunal or The Estate Agents Affairs Board if I can find something in Durban area. Will see what the owner of the property says regarding a direct contract. But something tells me we gonna need to fight this. :crying:

Thank you for everyone's input.
 
homeless_sapien said:
After speaking to my family, they say they signed documents when they moved in at the agents office. But since then they refused to send them a copy of the documents. As mentioned they have requested this many times. :mad:

KZN departments are very slack when it comes to help, but I think we should approach the Rental Housing Tribunal or The Estate Agents Affairs Board if I can find something in Durban area. Will see what the owner of the property says regarding a direct contract. But something tells me we gonna need to fight this. :crying:

Thank you for everyone's input.
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After reviewing this tread again I think there is more to this story you are not telling us, or that you simply dont know.

LL:
Any sensible landlord wants occupation of a rental property
You state the landlord is happy to renew with you, which reinforces the above.
The landlord has to pay the agent a commission on renewal, Normally one month rent or similar. Thus any sensible landlord, (who has trustworthy tenants) will consider to sign a renewal with the tenant directly if that means he can save money.
The only reason a landlord will want an agent is if the said agent has a duty to maintain the said property on an ongoing basis. From what you have shared, the agent is not doing this.

Agent:
The agent has a agreement with the landlord of some sort. It might be that this said contact was set up in a manner as you state that does not favour the agent, and thats why they are witholding it.
This agreement will have a timeline attached to it, ie: the agreement will terminate at the lease termination date.
The only thing an agent cares about is money. No agent in their right mind will pass up a renewal commission to kick out existing tenants.
There is more to their behavior than what you are telling us

Tenant:
You have no agreement what so ever with the agent. There is only lessor and lessee in the lease.
Literally the only hint of a liability you might have towards the agent is if you break the lease within the 1st 12 months and you might be liable to pay back a portion of the commission the agent received.
As you have no agreement with the agent, nor any responsibility go to the landlord and sign an agreement directly with him.
 
Family told the agent that they will be seeking legal advice, thrown in those big words like Rental Housing Tribunal and The Estate Agents Affairs Board which I am too uneducated to understand, and said the agent must show them the contract where they signed and all the other nonsense they want them to pay so they can present it to them.

Long story short.

My family got their deposit back (even with a small interest) and owner signed a contract directly. That is end of the rubbish with those people.

What a filthy bunch of thieves controlling the market.

Still some things to sort out with the owner, but at least they have a place to stay and a contract this time.
 
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