Legal and Property Advice from the Professionals
This week our Property Poser expert deals with a question from a reader regarding the timing of the payment of Capital Gains Tax when it comes to the sale of an immovable property. The reader’s case is a little unusual as he explains that the sale in question is an instalment sale over a period of 48 months, which obviously spans more than one tax year. To begin, it is useful to consider … [Read more...]
This week's Property Poser question comes from a reader who is leasing a commercial property. Her business appears to have hit upon hard times financially and her rental is one month in arrears. She wants to know whether her landlord can lock her out of the property without a court order. According to Susan Chapman from Rawson Properties Port Elizabeth Platinum, the lease entered into … [Read more...]
This week our Property Poser expert deals with a case of sibling rivalry between two brothers who co-own a property, in which the one lives. The reader, who resides elsewhere, appears to be having communication issues with his brother. He has discovered that his sibling has made arrangements regarding outstanding instalments and payments at the bank and municipality without his … [Read more...]
A reader who is married out of community of property, excluding the accrual system, has approached the Property Poser experts regarding her rights on a jointly owned sectional title unit. She explains that she and her husband both have children from previous marriages. In terms of their wills, the surviving spouse will receive usufruct on the deceased’s half-share of the property, while the … [Read more...]
The Property Poser panel has received a query from a concerned reader about a dilapidated building in the vicinity of the block of maisonettes in which she lives. The reader explains that this run-down building looks similar to the one in which she lives but whereas hers is a sectional title complex, the neighbouring one seems to belong to a single owner who rents out the units. The problem … [Read more...]
The Property Poser panel helps a tenant this week whose advance rental payments have not been paid over following a change in ownership of the property. The reader explains that she rented a residential property and, for some reason, landed up paying four months rental in advance to the landlord and owner. Although she was unaware of it at the time of payment, the landlord had already sold … [Read more...]
A reader has approached the Property Poser experts about dubious behaviour by the chairperson of his sectional title complex. Although she does not own a unit in the complex, she has nevertheless held the position for a number of years. Furthermore, when it comes to decisions regarding the appointment of contractors and service providers, the reader says these people often turn out to be … [Read more...]
This week the Property Poser experts assist a reader who has been given notice to vacate her rented garden cottage, as her landlord wants to make large-scale alterations. The reader says she has been renting for a number of years without a formal or written lease agreement between the two parties. The notice was given on the seventh day of the month. Despite mentioning that it was for "a … [Read more...]
The Property Poser panel has been approached for assistance by a reader who has been experiencing an abundance of problems since taking occupation of her rented granny flat 10 months ago. It would appear that the electrics in the flat are not properly wired, creating the potential for someone to be shocked. The reader also reports that the flat draws a lot of electricity, even when most of the … [Read more...]
A landlord who lost his property following a series of misfortunes has approached the Property Poser panel about recovering the rental arrears from the defaulting tenant. The reader let the property to the tenant who, at some stage, lost his job and became unable to continue paying the monthly rental. The landlord, in turn, also appears to have experienced financial difficulties as a … [Read more...]
This week the Property Poser experts deal with the issue of who should hold the deposit on a rental property. A reader writes that he recently purchased a unit in a sectional title complex with the specific intention of renting it out. The letting agents have advised him that they should be holding the deposit in their trust account. The reader is concerned however that the ultimate … [Read more...]
The latest question put to our Property Poser panel comes from a reader who lives in a complex where a number of owners are disputing a penalty imposed on their undeveloped plots. The reader writes that his complex is regulated by a Homeowners' Association (HOA) whose constitution makes provision for a monthly penalty to be levied on owners who do not develop their plots within 36 months of … [Read more...]
The Property Poser panel has received an interesting query from a reader regarding a commission paid to the managing agent of his complex. The reader lives in an estate that comprises both free-standing and sectional title units, resulting in the appointment of both a homeowners' association (HOA) and body corporate. Financial and administrative duties, as well as related management … [Read more...]
This week's query for our Property Poser experts comes from a reader who concluded an offer to purchase on a property with an elderly couple. For reasons not disclosed, the sellers then expressed their wish to cancel the deal. It is not clear what steps were taken in this regard but the reader says he refused to accept the cancellation. It appears that he wishes to enforce the terms of … [Read more...]
A reader has asked the Property Poser experts to clarify the rules regarding the appointment of trustees in a sectional title complex. Firstly, he would like to know whether more than one trustee may be appointed from a single unit, as in the case of a husband and wife, and, secondly, whether they would be allowed to nominate each other for the position. According to Lucille Geldenhuys … [Read more...]
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