Legal and Property Advice from the Professionals
This week the Property Poser experts tackle a few common leasing questions from various readers. The first question relates to the payment of interest in a case where the lease agreement specifically made provision for no interest to accrue on the deposit held by the landlord. According to Susan Chapman from Rawson Properties Port Elizabeth Platinum, the Rental Housing Act provides that … [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...]
A reader who is renting a flat has approached the Property Poser panel about the possibility of moving into a vacant flat in that same block. Although she has not provided much background information, it appears that the flat adjacent to hers has become available and the reader would like first option on taking occupation. However, much to her annoyance, the reader’s landlord has made … [Read more...]
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...]
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...]
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...]
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...]
The position of a satellite dish on a unit in a sectional title complex is the topic of this week’s reader question. A tenant has installed the dish, apparently without permission, on the fascia board of his flat and the owner – who says the dish is in the same position as a previous one – refuses to order the tenant to place it in a suitable position. The trustees have ordered the … [Read more...]
Our panel has received an interesting e-mail from a landlord who says he is being abused by his estate agency. According to him, the agency has struggled throughout to collect the rent from his tenant. They also failed to serve him with an eviction letter when asked to do so. Upon approaching the tenant directly, our reader was shocked to find out that the tenant had in fact been paying all … [Read more...]
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