Estate Agent won't return deposit

Slootvreter said:
Say goodbye to your deposit, they will claim all sort of repairs needed to be done.
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I'll be taking personal documents tonight for the agent to sign, stating that no damages will be claimed as the property is in the same condition as it was. Better even, had to replace 2 toilet seats myself.
 
vicv said:
Guess name and shame is appropriate here. "Early Light Properties", not exactly a well known agency.
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Just try the threat of legal action. If they have done the inspection then its too late to make up costs.

I made our agent pay us back a months rent just buy saying I was going to call a lawyer. She paid out of her own pocket, I feel nothing.
 
vicv said:
I'll be taking personal documents tonight for the agent to sign, stating that no damages will be claimed as the property is in the same condition as it was. Better even, had to replace 2 toilet seats myself.
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Yeah, good luck with this.
 
Vicv I have sent you a PM. My mother and step-father run multiple estate agencies in KZN and both are knowledgable on the subject of rental agreements and the issues surround the protection of your money. From what I know the agency should have a fidelity fund certificate, I know for a fact that this fund protects buyers/sellers when it comes to a sale but I am not sure if it covers rentals.
 
here you go http://www.info.gov.za/view/DownloadFileAction?id=70618
cite rental housing act no. 50 of 1999 section 5.3.d ,
They even owe you interest.

the deposit contemplated in paragraph (c)must be invested by the landlord in
an interest-bearing account with a financial institution and the landlord must 10
subject to paragraph (g) pay the tenant interest at the rate applicable to such
account ~hich may not be less than the rate applicable to a savin&s account
with a financial institution. and the tenant may during the period of the Iease
request the landlord to provide him or her with written proof in respect of
interest accrued on such deposit, and the landlord must provide such proof on 15
request: Provided that where the landlord is a registered estate agent as
provided for in the Estate Agency Affairs Act, 1976 (Act No. 112 of 1976), the
deposit and any interest thereon shall be dealt with in accordance with the
provisions of that Act;

hth
 
Eish you really need to go to the Rental Housing Tribunal ASAP. The agency should be losing their rentals license for this. This is pretty serious.
 
AlmightyBender said:
Eish you really need to go to the Rental Housing Tribunal ASAP. The agency should be losing their rentals license for this. This is pretty serious.
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Indeed. The very fact that there is multiple complaints on HelloPeter about this should make this an easy win. No one cares that some lady called Patricia vanished with money, these bloody agents (lol) should take better care of their finances before handling others.

You will have to go the legal route I am afraid. These agents will most likely declare insolvency once the rest of their tenants start summoning them to court.
 
supersunbird said:
The owner is ultimately responsible, they appointed the agents responsible for this, so its their problem, not yours...
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It's not the landlord's problem unless the deposit was paid over to them.

vicv said:
I was hoping to keep it as short and sweet as possible. Something along the lines of the person responsible for holding the deposit( on behalf of the agent) vanishing along with the money and now it's our responsibility instead of the estate agent.
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Then the agent has to take it up with whomever held the money for them, but this does not release the agent from their responsibility to repay the money to the tenant.

Batista said:
This is South Africa, you have to make a noise to get what is rightfully yours.
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It's naive to think that having to make a fuss is unique to South Africa.

Slootvreter said:
Say goodbye to your deposit, they will claim all sort of repairs needed to be done.
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Any repairs required must be noted during the outgoing inspection. Furthermore they must provide all receipts for repairs on request by the tenant.
 
noxibox said:
Any repairs required must be noted during the outgoing inspection. Furthermore they must provide all receipts for repairs on request by the tenant.
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True, but people often find out how ingenious these agents are when looking for "repairs" that need to be done, and most use their own contractor of choice for these repairs.
 
I'm tired of excuses.

Could someone please point me in the right direction to get this to the small claims court? Also, should I sue the agent or the owner?
 
How much is the deposit? (less than R12k I'm assuming)..

Go to the small claims court and fill in the paperwork...
 
vicv said:
I'm tired of excuses.

Could someone please point me in the right direction to get this to the small claims court? Also, should I sue the agent or the owner?
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Not a legal expert but I will say go for both. That will get them to sort each other out.
 
tell them that you will be going to the rental courts and logging and official complaint with the ombudsman to investigate their company for fraud and money laundering as they are supposed to secure all deposits in a trust.
 
vicv said:
Thanks. I'm guessing the court could advise me as well.
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Good luck. I am still struggling to get a deposit back from 2011.

Check this stinker out
Dear Tenants

My sincere apologies that our first point of contact is under these circumstances.

By now you may have read news reports, or been in contact with your Landlords or Nadeema at the City Bowl Leapfrog Branch

Leapfrog City Bowl is under new ownership, effective 09 February 2011, having been taken over by Phill Conning of Phill Conning Estates - Leapfrog Blaauwberg/Tableview/ Melkbos and Bellville/Durbanville. Phill Conning was the original owner of the City Bowl Franchise

We are aware that you have paid your deposit and rentals, as per your Lease Agreement, however, the funds have been mis-appropriated and are therefore not available to pay out to your Landlord, nor refund the deposit to yourself when you vacate.

Leapfrog Head Office in contact with attorneys and the Estate Agency Affairs Board and will facilitate a Fidelity Fund claim on behalf of all beneficiaries that have been affected by the failure of Leapfrog City Bowl.

This is a legal process, and the funds will not be available immediately. However, we will keep you updated with regards to this claim

The Phill Conning Estates Rental Department operates an independent online, real-time trust account rental system and have taken over the rental portfolio in order to prevent any further financial damage to both Landlords and Tenants. (google PAYPROP for an overview of our system)

NEW BANK A/C DETAILS FOR ALL RENTAL PAYMENTS with IMMEDIATE EFFECT :-

Name : Phill Conning Estates t/a Leapfrog
******************
Ref : Your rented Property Address - very important to identify YOUR individual rental receipts

Attached is an affidavit that you must complete as a matter of urgency, and return to us, and your Landlord will also complete affidavit for submission

With reference to Annexure B - please include your deposit amount paid / February 2011 rental paid – please contact Nadeema to confirm the amount to be completed on the attach form.

From March 2011, your rent/services paid, will be timeously processed and paid over to your Landlords

Should you require any further information, please contact me at your convenience.

Once again, my apologies
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Haven't pursued it in a while so am not sure if I still have a hope of ever seeing this money again. We held meetings, spoke to housing tribunal, filled out mountains of forms and only a few of us ever got our money back...

The deposit was R9500. I wonder what that would look like now after supposedly being in an interest bearing account.
Still had the owner email me about a year ago saying that he is interested in helping me get the deposit back and give some back to me. I asked him what the 'some' meant. He meant, he was doing me a favour by helping me and I must just give him permission to retrieve the deposit on my behalf. I told him I wanted it all back and some and what on earth made him think that he was entitled to even a penny of it... Hahaha the fscktard tells me his wife found a tea set in the kitchen cupboard (my ex's) and that she did her back in trying to get it down. The damned cheek of some people. Anyway, thanks for the thread. Time to get those emails going again. How long after this sort of thing happens can a tenant still claim?
 
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