18 May 2013

‘Landlord’ holds rental deposit

Schalk van der Merwe - Rawson Properties

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...]


Tenant faces double rental trouble

Sean Radue Attorneys

A reader who moved from one unit to another in the same complex has presented the Property Poser experts with an interesting situation regarding "outstanding" rental. She writes that she had an arrangement with the owner of the units that she could move as soon as a replacement tenant was found for the one she would be vacating to avoid paying rental on both. This would presumably break an … [Read more...]


New landlord changes old lease

Herman Pieterse - Jan Visser Attorneys

A reader has approached the Property Poser experts with a few problems, including the manner in which her landlord has dealt with her deposit. The tenant writes that she has been renting a residential property for the past two years. In terms of her original lease agreement, she had to pay a deposit of R3 700 along with a key deposit of R200 and would not receive interest upon refund of the … [Read more...]


Deposit not suspensive condition

Lucille Geldenhuys Attorneys

Our panel often receives questions about suspensive conditions linked to property sales. These conditions affect not only the buyers and sellers but also the estate agent involved in the sale and, very often, third-party buyers and sellers who are waiting on fulfilment of a deal on which their own property transaction depends. This week we take a look at a set of facts presented by someone … [Read more...]


Cleaning up tenant trouble

Charlotte Vermaak - Chas Everitt

Our experts have been alerted to an interesting situation by a reader who owns a flat, which he rents out. When his last tenant's contract came to an end and he left the unit, the owner released his deposit, as he was under the impression that all was in order. Two months later, the reader received a notice from the management agency in charge of the complex regarding an incident that had … [Read more...]


Letting agent must be mindful of damages

Schalk van der Merwe - Rawson Properties

A reader who has made use of a letting agent to administer the renting out of his property has approached our panel. One of his issues deals with the repayment of the full deposit by the agent notwithstanding the fact that municipal accounts were in arrears and that there was damage to the property. Lucille Geldenhuys from Lucille Geldenhuys Attorneys in Stellenbosch says the reader does not … [Read more...]