HELP! What are our legal rights as tenants?

[Frankie]

No - they look after themselves, only.

After a year, I took over managing my the electricity and water account myself - as they let the bill get to R6000.00. However they still took the full R850.00 commission

They never once checked the property, or even knew where it was.

They didn't know when the tenant actually left and subletted to his sister.

Often, I'd get the rent 20-30th of the month - and only after many phone calls/fights.

Work carried out through their 'repair man' (R3600.00) was not carried out at all - despite me paying the money. Since I hadn't been to the house in almost 2 years, I've only just found out.

They actually refunded two months commission for bad management of the property, as admission of guilt.

And many, many other issues.

I've had worse than this letting a property out a good few years ago, but the agent I currently use has a good reputation and has performed well for the three years I've been with them - the lessee's have the same opinion.

 

[Frankie]

Hi just a quick one, im tryin to do this on my phone... Hope it works. Anyway i am not sure how to go bout any of this goin to the estate agent this am to speak to some1 their... And get our deposit on new place back. It was fixed 2 year contract that expires end this month. I dont how to post the lease agreement but maybe if someone can help me they could pm an email ad and il email it this evening when im home. It is so difficult cos he so far away and not willing to discuss, just wants lawyer involved. Its only a standard 10% annual increase and couple of other things we not satisfied with for all that we can get a much better place... And thru an agency... We have had endless issues with plumbing, stove, geyser etc and its always a pain to get hold of him. We have no contact numbers for anyone in SA and although the uk time dif is minimal its always impossible but thats another thread i guess Lol x

PM rpm (Admin) and he'll give you an email adrress to use and then he'll post it to the forum like he did with mine which can be found in this thread.
http://mybroadband.co.za/vb/showthread.php?t=152546

This is what I'd expect to be the industry norm.

 

[guest2013-1]

One problem with this advice is that it can get the OP black listed.

Hi Frankie, I suggest you go read up on the NCA act a bit. The blacklisting laws has changed a lot and someone can't just blacklist you. If you were talking about a different blacklisting method then okay... cool

Without the two clauses handling the expiry of the contract and the vacating of the premises we're pretty much just thumbsuck guessing what she can do.

But normally it's a question of, if terminated before lease expires, 4 months notice. If not, no need to do 4 months and just vacate at end of term.

I checked with a buddy of mine @ adams & adams and she says that is usually the case. So oogie can just move out without giving notice because the contract expires.

however, we do need to know word for word what is in the contract so that proper advice can be given.

I'm sure Oogie + hubby are pretty young still by the sounds of things no offense meant. But yea. Unfortunately these things you have to go through sometimes

 

[Frankie]

Hi Frankie, I suggest you go read up on the NCA act a bit. The blacklisting laws has changed a lot and someone can't just blacklist you. If you were talking about a different blacklisting method then okay... cool

Without the two clauses handling the expiry of the contract and the vacating of the premises we're pretty much just thumbsuck guessing what she can do.

But normally it's a question of, if terminated before lease expires, 4 months notice. If not, no need to do 4 months and just vacate at end of term.

I checked with a buddy of mine @ adams & adams and she says that is usually the case. So oogie can just move out without giving notice because the contract expires.

however, we do need to know word for word what is in the contract so that proper advice can be given.

I'm sure Oogie + hubby are pretty young still by the sounds of things no offense meant. But yea. Unfortunately these things you have to go through sometimes

I'm not knowledgable on the details with regards getting black listed, but I would guess that going in arrears with rent, which some here are suggesting, could do that. The next rental company may also require a reference, which is another reason to stay above board.
It appears that Oogie is committed to keeping it legit.

Yes I agree that the only way to give Oogie the best advice is to see her specific contract, but some here have without confirming the detail of her specific contract are advising her to just vacate and withhold rent in lieu of the deposit - the legality of this could be argued, but it's not the correct thing to do if you've signed a contract that clearly states that's not how it works.

I checked with another agent in my area and with a blank contract from Just Letting and these are similarly worded to my contracts and what Hoof-Hearted described, and that is, a contract for a fixed term automatically reverting to a month to month with a specific notice period required.

 

[Frankie]

Oogie, please get back to us on how things panned out for you - we hope it worked out for you, and we can all learn from the end result.

 

[Mephisto_Helix]

Regarding getting a deposit back ...... is it within the landlords 'rights' to withhold the deposit for up to 30days? Or is he blowing hot air?

 

[Frankie]

Regarding getting a deposit back ...... is it within the landlords 'rights' to withhold the deposit for up to 30days? Or is he blowing hot air?

In one section is says after repairs etc. and within the time limits of the ACT. , but if nothing is owning by the lessee for damages etc. then the deposit with the interest must be paid over within seven days.

I guess that if repairs at the cost of the lessee are needed, then the remainder, if any, of the deposit can only be returned once all the repair costs are finalised, and that's where the reference to the ACT comes in.

 

[Mephisto_Helix]

In one section is says after repairs etc. and within the time limits of the ACT. , but if nothing is owning by the lessee for damages etc. then the deposit with the interest must be paid over within seven days.

I guess that if repairs at the cost of the lessee are needed, then the remainder, if any, of the deposit can only be returned once all the repair costs are finalised, and that's where the reference to the ACT comes in.

Thanks bru ...... what makes the situation even worse is that the flat was given a new paint job less than a month ago and various things which weren't working or non-existent were fixed/installed.

 

[Frankie]

Thanks bru ...... what makes the situation even worse is that the flat was given a new paint job less than a month ago and various things which weren't working or non-existent were fixed/installed.

You're welcome, but I don't understand how this effects you.

 

[Mephisto_Helix]

Family having kark with a landlord ........ I said I'd have a squiz and glean some info for them.

 

[Frankie]

Family having kark with a landlord ........ I said I'd have a squiz and glean some info for them.

Did the landlord paint and fix these things, after your family moved out ?
Was your family responsible for these things? - If they were then they should first be shown the costs and proof that quotes for the repairs were sought from at least three companies, and that the quote is reasonable.

Some landlords exploit tenants because generally he's more familiar with the rights of each party, compared to the tenant who's generally unfamiliar with this.

 

[Lord Anubis]

Why can't the OP sign the contract, give notice, move out and rent this place to someone else and basically forward the cash to the owner and act as agent for him for those 4 months..win-win? There are a lot of people looking to rent!

 

[Ethel]

Why can't the OP sign the contract, give notice, move out and rent this place to someone else and basically forward the cash to the owner and act as agent for him for those 4 months..win-win? There are a lot of people looking to rent!

I would think that all rental agreements have a clause that prohibits sub-letting which is what you are suggesting.

 

[Mephisto_Helix]

Did the landlord paint and fix these things, after your family moved out ?
Was your family responsible for these things? - If they were then they should first be shown the costs and proof that quotes for the repairs were sought from at least three companies, and that the quote is reasonable.

Some landlords exploit tenants because generally he's more familiar with the rights of each party, compared to the tenant who's generally unfamiliar with this.

Sorry for being a bit confusing ..... my family did all the painting and installing of things, the useless landlord didn't want to know anything about it so they just did it themselves.