Rental contract question.

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herbertk

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So question to the legal minds:

If I have a rental agreement with a landlord, but the lease was handled by an agent is the contract still between me and the Landlord?

I have a situation where the rental agent has gone under along with my rental deposit, I approached the owner and he said that I have to ask the agent as the deposit was not paid to him it is not his responsibility.

As I understand it it remains the owners problem, I do not want to pursue legal avenues if I do not have a foot to stand on but it is quite a bit of money and I would very much like it back.

PM me if you need more info would appreciate any help.
 
herbertk said:
Owner... his argument is that he did not receive the deposit so it is no his problem.
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Actually the deposit is usually kept by the rental company, as they have to pay the utilities deposit and use the security deposit to fix any damage for the next tenant. The owner does not get the deposit
 
I'm not a lawyer, but usually "agent" means he acts for the owner

From dictionary.com:

Agent: a person or business authorized to act on another's behalf
 
Just stay in the house a couple of months for free and if he ask for rent tell him to consult the agents as it's not your problem.

ps. don't listen to me get some proper legal advice.
 
rietrot said:
Just stay in the house a couple of months for free and if he ask for rent tell him to consult the agents as it's not your problem.

ps. don't listen to me get some proper legal advice.
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If I had not already moved out that would be an option for sure!
 
Yorkie said:
Actually the deposit is usually kept by the rental company, as they have to pay the utilities deposit and use the security deposit to fix any damage for the next tenant. The owner does not get the deposit
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Sure but does it mean it is not his responsibility ? The contract is still with the owner.
 
herbertk said:
Was considering this... any idea to the costs around this ?
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Should be minimal, you have to represent yourself:
http://www.justice.gov.za/scc/scc.htm
http://www.fin24.com/Money/Win-big-in-small-claims-court-20110607

I would contact the owner, tell him his relationship with the agent is none of your business, you had no say in the matter, and the contract you have is with him - if he does not refund you in x-amount of time, you will be proceeding with a legal claim to your money.
 
It will depend on how the contract is set up.
If the contract is between the agent and you, you need to sue the agent.
Approach Estate Agents Board, they will give you advice based on legalities.
https://www.eaab.org.za/
 
Actually you have to consult the Rental Housing Tribunal before going to the small claims court.
Not that they're much different to ICASA in terms of actual authority. Our previous landlord never paid our deposit back, and despite a RHT ruling in our favor, there's not much one can do. Doubt if small claims court will be cost effective to get a rental deposit back though.

If your landlord has any shred of decency though, he will adhere to a RHT ruling.
RHT is free of charge, by the way.
 
Pienats said:
Actually you have to consult the Rental Housing Tribunal before going to the small claims court.
Not that they're much different to ICASA in terms of actual authority. Our previous landlord never paid our deposit back, and despite a RHT ruling in our favor, there's not much one can do. Doubt if small claims court will be cost effective to get a rental deposit back though.

If your landlord has any shred of decency though, he will adhere to a RHT ruling.
RHT is free of charge, by the way.
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^This - however a RHT determination is as effective as a court order and can be handed over to the sheriff for execution. ie assets can be attached etc.

The landlord has a legal obligation to you as tenant via the agent and must recover his losses in a claim against the agents fidelity fund with the EAAB.
Alternatively see if you can approach the EAAB directly by asking the landlord to cede his rights to you.
 
etwylite said:
^This - however a RHT determination is as effective as a court order and can be handed over to the sheriff for execution. ie assets can be attached etc.

The landlord has a legal obligation to you as tenant via the agent and must recover his losses in a claim against the agents fidelity fund with the EAAB.
Alternatively see if you can approach the EAAB directly by asking the landlord to cede his rights to you.
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Thanks guys... found https://www.westerncape.gov.za/general-publication/complaint-forms-rental-housing-tribunal

Should definitely help...
 
Beyers Realty by any chance?
They've gone under. I have a friend who worked for them - also did rentals. She said the landlords have to approach the liquidators. Normally when one rents through an agency, the deposit is held by them, not the landlord, in an interest bearing trust account which is not allowed to be touched by anyone. In Beyers case, they withdrew every thing from their trust accounts and fled the country. People even lost hundreds of thousands of deposits they had put down to purchase properties and there's nothing they can do about it except approach the liquidators.
 
I have 2 properties that I rent out and used 2 different rental agencies to assist with the contracts, pre-inspections, etc, but the Tenants pay their rent directly to me and I manage issues/repairs myself (for now). The Tenants paid the security deposit to the rental agencies who then transferred it to me after deducting their fees etc. Not sure why your Landlord has stories but in any case he is liable.
 
My attorney specialises in evictions and answered this question immediately. The owner is the one responsible for all financial disbursements, he chose to appoint an agent for his own purposes, but this does not absolve him from his responsibility.

It is not unlike a guarantee or motor plan on a car. It is the car manufacturer's responsility to carry it out. The dealer merely sells the car as the manufacturer does not have the infrastucture to sell cars
 
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