Legal and Property Advice from the Professionals
The Property Poser panel has been approached by a reader who relocated from one city to another and moved into a rental property about a month ago. The initial inspection, conducted by the landlord and agent, only took place about a week later, whereupon it emerged that the owner was not happy with animals being allowed inside. According to the reader, the preliminary negotiations took place … [Read more...]
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...]
This week a reader who is leasing a retail shop asks the Property Poser panel whether his landlord can compel him to buy the majority of his stock from the latter’s wholesale distribution business. Because it forms part of his rental agreement, the reader would like to know whether such a clause could be challenged. There are two main issues to be considered here, says Rian du Toit … [Read more...]
This week the Property Poser panel deals with an issue where the defaulting tenant of a rental property is not a natural person but a close corporation (CC). The reader asks how a landlord can hold a tenant liable for a breach of contract when the tenant is a CC with only one member. In this instance, the contract has been cancelled and the tenant evicted. Unfortunately, no sureties were … [Read more...]
This week's scenario presented to our Property Poser panel relates to the early cancellation of a lease by a landlady. The tenant recently received a call from the person in question, who requested that she vacate the property as soon as possible to accommodate her daughter who was unexpectedly returning from overseas. During the conversation the landlady, who realised that she was … [Read more...]
This week, our panel of experts deals with a frustrated reader's attempt to purchase a property. The reader says she has signed all the required transfer documents drafted by the conveyancer, but the seller refuses to sign them. When the reader enquired about the delay, she was informed that the seller no longer wishes to sell. Due to a lack of communication from both the agent and seller, … [Read more...]
This week's reader question is from a landlord whose letting agent has become a huge source of frustration. The reader says while his tenant pays on time every month and takes care of the leased property, the letting agent avoids his telephone calls and is often late with the transfer of rental payments. This situation has become unacceptable to him as landlord and his questions relate to … [Read more...]
An unsatisfied buyer has asked our experts whether there is a cooling-off period when purchasing a property. It appears that he has already signed all the documents relating to the transfer and moved in. He mentions problems that were experienced when trying to move furniture into the double storey house, which included having to hoist some pieces up to the first-floor balcony to access the … [Read more...]
Our experts have received a question from a couple who had purchased a plot some four years ago. Having decided to build on the plot in stages, they requested a quotation from their neighbours – who happen to be builders – for a foundation and one room with a bathroom. A price was agreed on, the amount was paid and the work comleted. The couple also enquired as to a price for a … [Read more...]
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...]
This week’s reader may soon find herself without a roof over her head after selling her house and signing an offer to purchase another. To her shock, her bond application was denied and in the process she realised there was no clause in the contract protecting her from this eventuality. She contacted the agent, who is doing both deals, asking her why there was no such clause. The agent … [Read more...]
Ons paneel deskundiges het ’n vraag van ’n leser ontvang wat oor die kosteberekening van seëlregte handel. Sy wil weet of seëlregte op huurkontrakte steeds volgens die tradisionele formule bereken word en of dit met ’n belasting soortgelyk aan oordragkostes vervang is. Volgens Lucille Geldenhuys van Lucille Geldenhuys Prokureurs op Stellenbosch het die Wet op Seëlregte 77 van … [Read more...]
This week’s reader question relates to two tenants who each rented one room in a three-bedroom flat. They signed a contract for a year and the amount was stipulated as follows: "Rental per month R5 500 (R1 833.34 per room)". The agent found a third tenant for the remaining bedroom. After several months, the third tenant left and the agent claimed that the first two tenants were responsible … [Read more...]
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