Renting - Agent Lied - Owner not fixing place

[Splinter]

Linky please!

South Africa’s new property laws you need to know about

The past few years have seen a number of important new laws and amendments introduced, which are having a drastic effect on selling and leasing of property, says Seeff Property Group.

businesstech.co.za

 

[RedViking]

South Africa’s new property laws you need to know about

The past few years have seen a number of important new laws and amendments introduced, which are having a drastic effect on selling and leasing of property, says Seeff Property Group.

businesstech.co.za

Thanks for the link.

Seeff said that the new Property Practitioner’s Act – which was recently

 

[Splinter]

Currently I am avoiding this. Had enough of attorneys and legal battles for now.

Lets try a peaceful civilised approach first. Eish.....

Oh, well, up to you. She will only take her pound of flesh after taking it from the "bad-guys"

 

[Splinter]

Hey? I'm trying to help you.

 

[Calkem]

I'm thinking this is a completely farked up scenario. Family scrounged up the money; but will have no money to challenge the illegalities.

If I understand this right, its that the rental arrangement was done via a rental agent, so the agent has the money, an agent can not/should not pay the lessor until the agreement is signed and the lessee has taken occupation on a said date. If the agent already paid the lessor, she will still be liable to refund the would-be lessee. If she doesnt pay you the lessee can make a claim through the estate-agents fidelity fund.

Tough situation

 

[RedViking]

Hey? I'm trying to help you.

Sorry, thanks for the link. Very helpful.

I am laughing at the "bold" word. Remember I said something about the agent.....

 

[Splinter]

Sorry, thanks for the link. Very helpful.

I am laughing at the "bold" word. Remember I said something about the agent.....

Yes, and it seems this particular agent is at fault. What agency is it then?

 

[SauRoNZA]

Yes, and it seems this particular agent is at fault. What agency is it then?

I’m guessing that’s why he is laughing because it’s probably the very same one.

 

[phiber]

Recommend getting an AirBnb till they find another place

Don't move in, don't pay the deposit. In future, right in the things that need to be done into the contract, there is always a space for this in agreements.

 

[RedViking]

They went to the agency this morning and laid a complaint (took a witness with). Communication is a big issue. Agent said they have 3 days from moving in to report and make a list of everything that is broken and that it will have to be fixed. Told them they need to make sure it is emailed to the agency so there is also proof of communication. So that is a start although I take their word with a pinch of salt. Now to see if it is going to happen.

Edit: Will see if I can take a look at the contract later and see what is in there, but someone more knowledgeable went with to help read through it and doesn't seem to have any concerns.

 

[Willie Trombone]

Recommend getting an AirBnb till they find another place

Don't move in, don't pay the deposit. In future, right in the things that need to be done into the contract, there is always a space for this in agreements.

Airbnb monthly costs?

 

[Willie Trombone]

They went to the agent this morning and laid a complaint with a witness. Communication is a big issue. Agent said they have 3 days from moving in to report and make a list of everything that is broken and that it will have to be fixed. Told them they need to make sure it is emailed to the agency so there is proof of communication. So that is a start although I take their word with a pinch of salt. Now to see if it is going to happen.

Agent doing squat for their money. Name and shame!

 

[quovadis]

They went to the agent this morning and laid a complaint with a witness. Communication is a big issue. Agent said they have 3 days from moving in to report and make a list of everything that is broken and that it will have to be fixed. Told them they need to make sure it is emailed to the agency so there is proof of communication. So that is a start although I take their word with a pinch of salt. Now to see if it is going to happen.

In light of the agents previous commitment I hope that this new instruction/agreement was provided in writing else you’re back to square one but with no leverage. EDIT: Also the agents commitments would be seen as separate to the lease agreement if not included.

 

[RedViking]

In light of the agents previous commitment I hope that this new instruction/agreement was provided in writing else you’re back to square one but with no leverage. EDIT: Also the agents commitments would be seen as separate to the lease agreement if not included.

This is true. Will have to see how the respond to the list they asked for. Maybe something in the contract but will only be able to check later.

 

[RonSwanson]

If they decide to move forward with the lease make sure you specifically amend the term of the lease - the CPA provides for cancellation but also "reasonable" charges in the event of such - the reasonable part is also up to interpretation. Furthermore, make sure the property is inspected and photographed in its current condition and email the records and notes to the agent and owner to ensure a record of the inspection.

Make sure that the owner or agent is present during the inspection, this is important. Budget about 90-120 minutes for this. Make sure that everything, and I mean everything is recorded, both on camera as well as on the fault list. Do a thorough inspection, by thorough I mean opening and closing every last tap and cupboard door and record the result. Photograph things like on top of cupboards and burglar bars, then run a finger across it, and photograph the finger and then the cupboard shelf / burglar bar again. Check every plug socket with a load drawing appliance, like floor polisher. photograph every light switch. Turn all the stove plates and oven on high simultaneously and leave on for at least 10 minutes. Check that every door, including cupboard doors and drawers open & close properly. Where something cannot be checked because of its state (too filthy or broken, or inaccessible), make sure it is recorded.
This serves two purposes: 1) a record of the condition -- the RHT may need it to determine whether the unit was tenantable or not; and 2) when they move out, they will be blamed for everything.

 

[RedViking]

Make sure that the owner or agent is present during the inspection, this is important. Budget about 90-120 minutes for this. Make sure that everything, and I mean everything is recorded, both on camera as well as on the fault list. Do a thorough inspection, by thorough I mean opening and closing every last tap and cupboard door and record the result. Photograph things like on top of cupboards and burglar bars, then run a finger across it, and photograph the finger and then the cupboard shelf / burglar bar again. Check every plug socket with a load drawing appliance, like floor polisher. photograph every light switch. Turn all the stove plates and oven on high simultaneously and leave on for at least 10 minutes. Check that every door, including cupboard doors and drawers open & close properly. Where something cannot be checked because of its state (too filthy or broken, or inaccessible), make sure it is recorded.
This serves two purposes: 1) a record of the condition -- the RHT may need it to determine whether the unit was tenantable or not; and 2) when they move out, they will be blamed for everything.

Excellent. Thanks.