Buying a house can I still cancel?

[Lupus]

Prepaid meter is not from the municipality. 3rd party meter.

A 3rd party in a free-hold house? That's BS :-(

 

[Lupus]

Yes I am buying the whole property. The flat is completely separate with its own yard and entrance and electricity meter.

So you should be getting the rent, not her.

 

[Anti-Chris]

they still cannot charge more then the municipality - they can for example charge at the higher block rate (since their are 2 units it is possible they will be on a higher block) but still will only be the municipality rate and not some exorbitant rate

You are 100% correct. But I didn't want to get involved in a fight about rates. I just want the property to be registered in my name and move on with my life.

 

[rietrot]

You are 100% correct. But I didn't want to get involved in a fight about rates. I just want the property to be registered in my name and move on with my life.

Did you agree on a registration date yet?

 

[Neuk_]

Yes I am buying the whole property. The flat is completely separate with its own yard and entrance and electricity meter.

So the flat is not included in the sale?

 

[Neuk_]

So you should be getting the rent, not her.

That is where I was going, if the sale of the property includes the flat and the OP is paying occupational rent, the seller has no rights to any income from the flat. And I am sure that if otherwise stipulated, occupational rent includes lights, water, rates and taxes?

 

[isie]

A 3rd party in a free-hold house? That's BS :-(

Sort of make sense she is renting both the main house and the flatlet -So instead of getting the main house reading by deducting the flatlet you just give each its own meter - then you can also compare all 3 meters to confirm nothing is messed up.
The municipal meter will be a combination of the main hose and the flatlet.

The OTP states that I will honor the lease agreement until registration. Sure, I could maybe argue the legality of that, but I am happy with the arrangement if the registration takes place sooner.

no wonder she is delaying - 2 sets of extra rent.
Also another added cost - there's an added capital gains tax for selling your non Primary residence.

So the flat is not included in the sale?

Ya this - @Anti-Chris do you get a tenant with the sale?

 

[Anti-Chris]

Did you agree on a registration date yet?

Not yet, but spoke to the manager of the attorneys. They are now just waiting for the rates clearance certificate and the seller will apparently be signing today.

 

[Anti-Chris]

So the flat is not included in the sale?

Yes it is included.

 

[Anti-Chris]

That is where I was going, if the sale of the property includes the flat and the OP is paying occupational rent, the seller has no rights to any income from the flat. And I am sure that if otherwise stipulated, occupational rent includes lights, water, rates and taxes?

I see where you are going with this wrt the flat and you might be right legally. I am not to keen to hammer on that right now though... Might use it as leverage at a later stage should it be necessary though.

 

[Anti-Chris]

Sort of make sense she is renting both the main house and the flatlet -So instead of getting the main house reading by deducting the flatlet you just give each its own meter - then you can also compare all 3 meters to confirm nothing is messed up.
The municipal meter will be a combination of the main hose and the flatlet.



no wonder she is delaying - 2 sets of extra rent.
Also another added cost - there's an added capital gains tax for selling your non Primary residence.


Ya this - @Anti-Chris do you get a tenant with the sale?

Yes, already spoke to the tenants, they would like to stay on.

 

[isie]

Not yet, but spoke to the manager of the attorneys. They are now just waiting for the rates clearance certificate and the seller will apparently be signing today.

Woohoo hopefully they lodge ASAP and by next week - you will be a homeowner - my sympathies.

Yes, already spoke to the tenants, they would like to stay on.

As long as they good tenants at least you have extra income

 

[Anti-Chris]

Woohoo hopefully they lodge ASAP and by next week - you will be a homeowner - my sympathies.


As long as they good tenants at least you have extra income

Think its going to be a little longer than that. I am hoping they receive the clearance certificate and lodge by month end. Then it should be registered in about 3 weeks after that.

 

[Anti-Chris]

Spoke to an attorney yesterday. Apparently the seller is entitled to collect rent for the tenant in the flat up to the day of registration since she is still legally the owner.

 

[Neuk_]

Spoke to an attorney yesterday. Apparently the seller is entitled to collect rent for the tenant in the flat up to the day of registration since she is still legally the owner.

Interesting, thanks for the feedback, I would never have thought that this would be the case as you are effectively renting the entire property from her until transfer occurs.

 

[Steamy Tom]

Spoke to an attorney yesterday. Apparently the seller is entitled to collect rent for the tenant in the flat up to the day of registration since she is still legally the owner.

i think this was pretty obvious to be fair?

 

[Steamy Tom]

Interesting, thanks for the feedback, I would never have thought that this would be the case as you are effectively renting the entire property from her until transfer occurs.

no he is not, he is renting the house as he always has been per the rental agreement?

 

[Anti-Chris]

i think this was pretty obvious to be fair?

100%.

 

[Neuk_]

no he is not, he is renting the house as he always has been per the rental agreement?

I must have missed a post or misread a post

 

[Neuk_]

no he is not, he is renting the house as he always has been per the rental agreement?

I see what you mean now, my mistake.