Legal and Property Advice from the Professionals
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...]
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...]
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...]
The Property Poser panel has received a query from a reader who arranged a late payment of her monthly rental with the agent concerned but then found that her prepaid electricity card had been blocked. Unable to purchase electricity, she has approached the experts for advice. According to Lucille Geldenhuys from Lucille Geldenhuys Attorneys in Stellenbosch, the Rental Housing Act declares it … [Read more...]
The Property Poser experts have been approached by a reader who has been renting a property that seems unfit for habitation. The tenant has lived there for six months and encountered a number of problems. including a complete lack of built-in cupboards. He also reports that the front door and internal doors cannot close properly. A broken lounge window that was supposed to be replaced was … [Read more...]
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...]
The Property Poser panel has been approached by a reader who recently purchased a property that includes a garden flat with an existing tenant. The reader says the previous owner entered into a year-long lease agreement about three months ago and the lessee would like to stay on despite the change of ownership. However, the letting agent now claims that the new owner is responsible for … [Read more...]
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...]
This week, the Property Poser panel assists a reader who has maintenance issues with the residential property she has been renting for about a year. When the tenant took occupation of the property no inspection was done in her presence, but she duly completed a checklist and sent it to the estate agent dealing with the rental. The reader noted several issues with the property, including … [Read more...]
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...]
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...]
This week our in-house Property Poser expert assists a reader who is a tenant in a mall that appears to be floundering. The reader writes that many shops, including the anchor tenant, have left the centre. Unfortunately, he did not anticipate the exodus and resulting downturn in business and extended his lease. The lessee now wishes to reduce his monthly rental or be released from his … [Read more...]
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