25 May 2013

Splitting joint-owned property in divorce

Grant Berndt - Abdo and Abdo Attorneys

From time to time, the Property Poser experts assist readers whose property assets are a source of conflict in their divorce proceedings. In this instance, the reader was married out of community of property under the accrual system. He and his wife bought a piece of land and built a dwelling on it, where they both lived until the end of last year when she moved out due to marital … [Read more...]


Tenant underpaid due to oversight

Brian Kinnear - Fresh Lifestyle Properties

This week, the Property Poser experts deal with a situation in which a tenant has been inadvertently underpaying her montly rental for approximately a year. The reader writes that, upon termination of her lease, the agency used by her landlord to collect the rental discovered that they had been invoicing her incorrectly. The tenant had dutifully paid the monthly amount based on the invoice … [Read more...]


Tenant underpaid due to oversight

Brian Kinnear - Fresh Lifestyle Properties

This week, the Property Poser experts deal with a situation in which a tenant has been inadvertently underpaying her montly rental for approximately a year. The reader writes that, upon termination of her lease, the agency used by her landlord to collect the rental discovered that they had been invoicing her incorrectly. The tenant had dutifully paid the monthly amount based on the invoice … [Read more...]


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Evicting tenant who won’t vacate

Grant Berndt - Abdo and Abdo Attorneys

An anxious reader tells the Property Poser experts that she concluded a rental agreement with a tenant, which specifically stated that one month’s notice would be given to vacate the premises should the property be sold. The lease agreement was on a month-to-month basis. Earlier this year it appears that the property was, in fact, sold and around this time the tenant gave notice to both owner … [Read more...]


Landlord withholds rental deposit

Brian Kinnear - Fresh Lifestyle Properties

This week a reader seeks expert advice from the Property Poser panel regarding an unreturned deposit on a rental property she vacated two years ago. Her landlord claims that she is liable for additional expenses such as sewage and refuse removal and is withholding the money in lieu of these. Although a written lease was concluded, the reader has checked the terms and it is silent on this … [Read more...]


Recourse against noisy neighbour

Brian Kinnear - Fresh Lifestyle Properties

Our panel has received an e-mail from a frustrated reader who has been experiencing endless problems with a noisy neighbour in the security complex in which she resides. She has also attached an extract of the conduct rules applicable to her complex. In her letter, she states that she has taken the issue up with the chairman of the body corporate, but no action appears to have been taken … [Read more...]


Attorney’s fees baffle lessee

Grant Berndt - Abdo and Abdo Attorneys

This week’s reader question is from a small business owner who has signed a two-year lease for premises. The contract stated that the tenant would be responsible for the costs incurred in drawing up the agreement. Before receiving the contract, the reader requested a draft agreement so that she could familiarise herself with the terms thereof. She was given an "old" … [Read more...]


Right of use is not unconditional

Grant Berndt - Abdo and Abdo Attorneys

Our reader, who has inherited the right of use of an immovable property until her death and free of charge, wants to know exactly what this includes. She wants to know from our panel of experts whether maintenance work will also be for the estate’s account and if the use of services such as the telephone and DSTV are included. The trustees of the estate have disconnected the … [Read more...]