The Consumer Protection Act has been in effect for a month and a half now and slowly but surely the public are coming to grips with what the CPA does and does not protect as they encounter various situations provided for under the CPA.
We have had a steady stream of questions around how the CPA affects the property sector especially with regard to landlords and tenants, so we have compiled a quick reference guide for your perusal.
Firstly, it must be understood that a rental agreement of any nature is in essence a ‘service’ as far as the CPA is concerned. That is to say that the landlord is supplying the tenant with the service of the house/office/flat etc. for which the tenant pays an agreed sum for that service. The CPA exists to regulate the supply and/or promotion of goods and services to South African consumers. Every single lease drawn up after April 1, 2011 must comply with the CPA, so you would do well to heed this advice before entering into any agreement going forward.
- The contract of the lease must be written in plain language, avoiding complicated and misleading jargon. The contract must be understandable to a person with average literacy skills so that they may fully understand what they are signing. If they do no understand what is written, it must be explained in clear and simple terms. This will get tricky in South Africa, what with us having 11 official languages. This clause implies that the contract should be translated in the language the tenant is fluent in, if it is not the same language as the landlord.
- The tenant must be made fully aware of any provision in the contract that transfers risk away from the landlord and onto the tenant. Tenants must be made aware of any risk they undertake at the time of signing and these risks must be acknowledged by the tenant.
Clauses exempting landlords from liability to repair damaged premises due to negligence on the landlord’s part must be specifically drawn to the attention of the tenant. Such provisions must be in bold and the tenant must sign next to such provisions.
Generally speaking, and as obvious as it sounds, the contract cannot may not contain any clauses or provisions that defeat the ends of the CPA. In the spirit of the CPA, contracts may not be stacked in favour of either party but must be substantively fair. The CPA exists to bring balance and equality in the consumer market and where blatant discrimination occurs with those that possess the power (usually landlords) over those that don’t (usually the tenants) the CPA provides the safety net of legal recourse.
- One of the biggest outcries of landlords has been the regulation of contract lengths and renewals. The maximum period of a fixed-term contract has been reduced to two years. There is one exception however, where the landlord can demonstrate that a longer term contract is of greater financial benefit to the tenant. What exactly that benefit should look like whilst still remaining fair to both parties is a subject of debate.
- Much like in the case of cell-phone and gym contracts, it is the legal obligation of the landlord to provide notice of the termination of the lease even if the contract is reaching it’s full course on the agreed upon dates. The landlord must provide written notice at least 60 days before termination of a lease. On the flipside, the tenant may at any point cancel the lease giving only 20 business days’ notice. A landlord may not provide a clause in the lease to exempt them from this risk, it is now every tenant’s legal right. The tenant is still obligated to pay any outstanding amounts owed up to the end of that cancellation period and the landlord may impose a reasonable cancellation penalty. The “jury is out” as to whether a reasonable cancellation penalty will be comparable to the damages that landlords were previously entitled to recover in such circumstances.
- If a landlord decides to take a chance and avoid inclusion of the rights afforded under the CPA especially in these early days when not all consumers may be aware of their rights, they should be aware that they then run the risk of the lease being declared void and unenforceable in smaller cases. For larger cases, failure to comply with the CPA may result in a fine or imprisonment of up to 1 year, or both.
For a glossary of simplified rental terms, view this helpful article by Michelle Dickens of TPN , and begin your process of CPA compliance or see where you might need to rectify existing contracts.
Leases that were drawn up and signed before 1 April 2011 are still subject, to the CPA, albeit with limited application . If you fear that your existing lease may not be in compliance or you wish to draw up a new contract as a landlord we strongly suggest that you contact your preferred legal advisor in order to ensure compliance with immediate effect.
Article by Grant Gunston of Grant Gunston Attorneys
Related posts:
We had signed a contract unaware of the damp problems. It is to such extent that we incurred damage to our personal belongings. The owner is not helping at all. We are not paying the rent for this month as the living conditions are totally unbearable.
Can we with-hold our rent? Do we have a right?
Hi Ilze,
Thanks for your email. No, you cannot withhold your rent. The landlord has obligations and has to fulfill them. Have you notified the landlord in writing? I suggest you send him a final demand with a deadline notifying him of his breach of contract (refer to your lease for the notice period) and give him the required notice to remedy the breach, failing you can terminate the contract immediately and vacate the premises forthwith.
Please consult an attorney to ensure you comply with the provisions of the lease, before doing anything. I also suggest you lodge a complaint with the rental housing tribunal, because I can assure you the landlord will try to retain the deposit. Make sure you have all correspondence and proof transmission or receipt to support your complaint.
Hope this helps.
Michael
Good day Michael,
I enjoyed your article and it has given me hope into a matter I’m about to explain. I would appreciate any input you could give me in this regard…
I rent a 2 bedroom flat at the back of the premises of the tenant. The rental of the flat includes access to 1 parking space in a double bay garage. Two weeks ago a “support beam” fell onto my friend’s car in the garage and damaged the vehicle.
Unfortunately there is a mandatory excess of R1750 on the insurance claim. The Landlord blatantly refuses to accept responsibility for the damages caused by this beam and thus refuses to pay the amount of R1750 required to repair the car. In this regard the Landlord emailed me a clause from the contract that he claims exempts him from any liability, but its not at all in line with the CPA, as I shall explain.
The problem with the support beam: it wasn’t bolted into the ground and was also not bolted into the roof; and in my opinion it was a huge safety hazard. I cannot imagine that any building inspector would approve such a makeshift support beam, and the Landlord even agreed with me that a building inspector wouldn’t approve of such a beam.
I can also tell you this:
The Lease agreement for 2011 was drawn up and signed only 2 weeks ago, more than a month after April 2011, although I have been staying here since 2010. The Transfer of Risk clauses weren’t brought to my attention and I was not requested to sign next to any of them, nor where they explained to me.
Could you if possible give me any direction as to how I could go about resolving the matter? My contract which I have signed post April 2011 clearly isnt alligned with the CPA and I assume becomes void.
thank you
Clarence
Hi Clarence,
Thanks for your email. CPA or not, I would say this was gross negligent from the landlord. This you cannot exclude liability or indemnity in a lease. I am not an attorney, so this is not legal advise, but rather guidance, but in my opinion I would say that he is liable.
What would have happened if the beam fell on you and would have killed you? This would have been a criminal charge with possible homicide.
I suggest you consult an attorney or contact your insurance company to do the legal action for you.
I am not sure if the CPA will be of any help as the provisions may not apply to your case, i.e. private landlord to tenant (he might not be a supplier).
Hope this helps.
Michael
Hi,
Is there anything in the CPA that protects me from a complex just shutting down water supply. I am living a month in the complex and up to date sat 10 days without wwater and 2 days without warm water. Can I refuse to pay rent or what is my rights?
I did write a letter asking them that they warn us in time when the water is going to be off, but up to now nobody has done anything regarding the request.
Regards,
Anel
Hi Anel,
I think the CPA is only protecting your rights if you signed your lease after the 1st April. However, you have rights and the complex is not allowed to disconnect the supply of water at all. If the trustees or the managing agent disconnected you, then you have options. I suggest you call the SAPS and the municipality to reconnect you. You also have recourse against the landlord, provided he caused the disconnection by not paying his levies.
If the municipality disconnected the services for non-payment, then you have recourse against your landlord for not paying rates or levies.
You can register a dispute with the Rental Housing Tribunal and also you may terminate the lease since your landlord is in breach.
If you were responsible for paying the municipal costs yourself and you haven’t then there may be legal action against you for non-payment. However, it is illegal to discuss services if you are not the municipality.
Hope this helps.
Michael
Dear Editor
I enetered into a renatl lease with city properties in pretoria in september 2009 and the stipulation was that i have to give notice of 2 months in the event i want to move out..Now i got a new job offer in Durban and have to start there on 08 august 2011..i went to city property to give my notice on the 13 july 2011 and they told me my notice will only start counting from the 1st of august 2011 and that i still have to pay the full rental for august 2011 and september 2011..How does the 20 business day notice in the new act affect me in this case.Do i really still have to pay the 2 months rent whilst i have left the flat?Please help me.
Regards
Margaret
Hi Margaret,
Thanks for your email. The CPA only applies from April 2011 onwards. All agreements prior to that are not affected. Hence, you need to give 2 calendar month notice. You can however find a replacement tenant at your expense to avoid the cancellation period.
Although, the CPA provides the right of early termination, the consumer may then be subject to early cancellation penalty.
Hope this helps.
Michael
Hi there i am inquiring on the non payment of rent and the protection if any the new cpa offers the tennant. i have the following questions
1) when is the tennant in breach of his contract ie 1 day late or how many days late with his payment
2) can i ask him the move out on breach. or how long thereafter.
3) can i keep the deposit in leu of the rent.
how do i get him out.
What is the correct action to take
Hi Deon,
Thanks for your email. Herewith my answers:
1) Depends on your lease. It is 7 days or 14 days, but you need to notify him in writing that he is in breach of contract.
2) Once the tenant does not remedy the breach, you can terminate the lease and demand him to vacate. If he refuses, you will have to go to the courts and obtain an eviction order against your tenant to have him ejected.
3) Yes.
You need instruct an attorney right away.
Hope this helps.
Michael
Hi, we recently had a “maintanance” problem in our rental flat and the landlord refused to assist with it. The maintance problem being a block sewage pipe ( blocked due there not being sufficient gradient in the flow towards the septic tank on a small holding. The landlord, refused bluntly to help with blockage saying that it were never blocked prior to us leasing- so we were the cause of blockage. Would this gradient-design fault-causing the blockage make us stil liable in footing a bill for a plumber to unblock? Thank you in advance.
Hi Andre,
Thanks for your email. Most leases do include a clause which makes the tenant liable for blockages due the wear and tear and usage. However, if it is indeed a design fault, then it is the landlords responsibility.
However, you need to proof this. I suggest you get a report from a plumber and take it from there.
Lodge a dispute and if you can resolve this with the landlord, I would lodge a complaint with the Rental Housing Tribunal (provided it is a residential lease).
Hope this helps.
Michael
I rent a flat for the pas year and 3 months. I am currently jobless with no income. The landlord gave me a “written notice, calling upon the Lessee to remedy such breach”.
The last paragraph: “Accordingly you are hereby advised that due to you breach of failing to pay the rental on due date the agreement of lease is cancelled with immediate effect and you are required to vacate the premises immediately. Please ensure that all goods are removed from the premises by 12:00 on Tuesday, 31 July 2011.”
What is my consumer rights as I am jobless and has nowhere to go. No funds to store my furniture any anything.
Please help!
Warm regards
Carine
Dear Carine,
Thanks for your email. I am sorry to hear about your current financial situation. I hope it will improve soon. Reality can be though. You need to face up to your current financial situation. There are a number of things you can do, i.e. find new employment, find temporary employment, and claim from UIF.
However, all this takes time. In the meantime, you need to pay your bills. If you cannot afford certain things, you will have to scale down.
The landlord also has to pay bills, i.e. the bond, insurance, etc. and relies on your prompt payment of the rent.
That you are currently unable to meet your financial requirements is not his problem.
So, you need to deal with your situation head on and try to find cheaper accommodation. If you don’t, the problems will just get more serious.
Hope this helps.
Michael
I rent a house in a complex. I signed a 2 year contract which expired in January 2011. I have as to now not yet receive or signed a renewal of this contract.
On the original contract it stated I MUST give two month’s notice. Due to financial restraints I need to move to another smaller place. I requested to give only one month’s notice, as I cannot find a place who would allow me to wait two months to move in, and was told I cannot as I signed the contract for two months.
Is this expired contract still legal and can the owner force me to give two month’s notice I wonder.
Thx
Christa
Dear Christa,
Thanks for your email. It depends on the lease. Some leases have an automatic renewal clause. If it is so, you need to determine when the next expiry date is. If the lease expired, then a common law lease has been entered into (verbal leases are legally valid). If this is the case, you need to give 1 calendar month written notice to the landlord.
Hope this helps.
Michael
Hi,
I signed a 6 month lease on Wednesday 10th August 2011 and paid a deposit that night. I phoned the landlord the same night to cancel the lease as the house we were wanting to buy, suddenly became avaliable. We need to be let oout of the elase and our deposit refunded, what are my rights?
Dear Kim,
Thanks for your email. Basically you entered and concluded a valid lease agreement. If you wish to cancel the lease now, then you need to give the required notice, i.e. 1 calendar month or 2 months, etc. You can also find a suitable replacement tenant at your expense.
However, until the notice period is fulfilled, you have to pay rent.
Hope this helps.
Michael
GOOD DAY SIR/MADAM,
WE ARE RUNNING A RESTAURANT IN A MALL AT IRENE. OUR LEASE EXPIRES AT THE END OF SEPT 2011 AND WE DID NOT SIGN OUR RENEWAL OF THE CONTRACT WITH MANAGEMENT. THEY ARE PUTTING PRESSURE TO MAKE US SIGN FOR THE LAST ONE MONTH. TODAY THEY HAVE SENT A LETTER SAYING WE HAVE TO EMPTY THE PREMISE AT THE END OF SEPTEMBER 2011 AS WE ARE NOT SIGNING A RENEWAL WITH THEM. AND THEY WILL PUT THE SHOP ON THE THE MARKET FOR NEW TENANTS. WE ARE NOT IN ARREARS WITH THEM, ALL PAID UP TO DATE. IS IT LEGAL WHAT THEY ARE TRYING?
Hi Gokhan,
Thanks for your email. This is unfortunately not uncommon. It depends on your restaurants viability. As you know probably best, the location is usually one of the key factors of success. So, you need to run your numbers and see if you can afford the higher rent. Technically speaking, the option to renew is for the landlord and the tenant. It well be that the landlord has found another restaurant, which is prepared to take the lease at the demanded terms. You need to make a business decision based on figures.
In my personal opinion, unless it the Waterfront, most shopping centres have issues with vacancies. It is difficult to guide you here. You need to understand the landlord, they want to minimise vacancies and loss of income.
Hope this helps.
Thanks
Michael
Dear Sir,
We are a restaurant and our lease is expiring at the end of September 2011 and we are pressured to renew it since end July. We did not want to sign under pressure and much higher rental per square. August 15 they send us a letter and ask us to empty the shop end of September due to our lack on signing the renewal and delaying it. We are aware that they are trying to put more pressure on us and scare us before our busy season of October and November. Is this right that they can give us such short notice? Our rental is paid up to date, we never had problem with management before. Thank you for your assistance kindly.
Dear Jacques,
Thanks for your email. This is unfortunately not uncommon. It depends on your restaurants viability. As you know probably best, the location is usually one of the key factors of success. So, you need to run your numbers and see if you can afford the higher rent. Technically speaking, the option to renew is for the landlord and the tenant. It well be that the landlord has found another restaurant, which is prepared to take the lease at the demanded terms. You need to make a business decision based on figures.
In my personal opinion, unless it the Waterfront, most shopping centres have issues with vacancies. It is difficult to guide you here. You need to understand the landlord, they want to minimise vacancies and loss of income.
Hope this helps.
Michael
Good morning
I entered into a shop lease in 2009 for a video shop.
I was told that specific stores were opening as my neighbour and this made sense I would get decent traffic from these neighbours.
I signed a 3 year lease that only ends in 2012 june
The stores were never opened and instead they opened little boutiques this brings no traffic to my store and I am not even turning over enough to cover the rent.
I am always behind on rent and have to find this money elsewhere to cover expenses.
I am running a pure loss.
I have thought of going insolvent but this will affect my other businesses.
Can this act help me?
Dear Jaco,
Thanks for your email. I am not sure what lease you signed, but you should let an attorney first review it. Usually, there is an early termination clause after 6 or 12 months to cover such events. In addition, you should have recorded in writing the tenant mix they promised you at the point of sale. This would have been a reason for termination.
You can source a replacement tenant at your expense. Again, you need to get legal advise on your rights in terms of your lease agreement.
Insolvency is not a solution at all as it will affect your credit history, etc.
Hope this helps.
Michael
hi
please help us. we live on one stand that have a house and a flat on it
it has only one water meter and one electricity meter
the landlord says because we are renting the house we are responsible for the bill.
the flat tenant is renting w&e included
how is this at all fair?
Hi Anita,
This is not fair at all. You are liable for a share of the consumption, but it needs to equal. I suggest you contact your landlord and complain and prepare a counter proposal, i.e. you cover 66.67% and the flat the rest. Maybe base it on the size (floor space) or number of people living in a unit.
If the landlord ignores your proposal, lodge a complaint at the Rental Housing Tribunal.
Hope this helps.
Michael
Hi,
I am currently renting a flat and my lease ends in jan 2012. Nothing is mentioned about early termination in my contract. I wrote my landlord a 2 month notice and I got a letter that I have to stay for whole duration of my lease. Can he do that?
I already got another flat to move in. and now I cannot move out.
I signed my lease before 1 April.
Please help me.
Hi Nash,
Thanks for your email. I suggest you look for a replacement tenant asap to take over your lease.
This is to my knowledge the only way out.
Hope this helps.
Michael
Hi
I entered into a 12 month lease agreement and then requested cancellation 2 days later. The landlord would like to take 1 months rental. Does the 5 day cooling off period ito the CPA apply, in which case he has no recourse to compensation for cancellation? Please advise.
Many thanks
Ryan
Dear Ryan,
The cooling off period only applies to sales concluded as a result of direct marketing, i.e. cold calling from a call center. In your case, it would apply and you entered into a valid lease. You are required to give the prescribed notice period.
Hope this helps.
Michael
Hi
I have recently rented an apartment which is a first for me. Before signing the lease I enquired about DSTV availability. I was told that I could use the Dish on the roof of the apartments. I however found out after moving in that the Dish does not work and has not been functional for at least 4 months before I moved in. I would now have to get permission to erect a dish at the Landlords approval, which I can relate to however why did they not just tell me or disclose to me that it was not operational as it was something I wanted to know before signing the Lease agreement! I also mentioned before signing that I wanted the Inspection of the apartment done before I moved in, in case there were things that needed to be done before I moved, I was told it could only happen once I moved in and they did not think there would be any issues seeing as it had been inspected when the previous tenant moved out. I said I did notice that the Blinds in the bedroom were broken or loose and the curtains looked a bit grubby. I was then informed that they had removed the curtains at my request! however I never asked for them to be removed but mentioned that I was not sure if I would want them as they appeared on first sight as needing to be cleaned or fixed. I now have no blind fixtures to put up my own blinds in Kitchen, bathroom and bedroom. Is it a requirement that these fixtures should be standard fixtures or is it acceptable practice to ask the tenant to 1. get permission to have fixtures fitted and 2. have to have them removed and the wall maintained to its original state before I moved in? As far as I am concerned it had fixtures which I do not have proof of and why were they not replaced if damaged?
Regards
Traci
Good day,
I recently moved into a flat (1st Sept 2011). The landlord now brought me an electrical bill for 31st August. Now my query is that I dont think it is my duty to be paying for someone else’s electricity bill. We had a verbal agreement that she would clear all the bills before I actually move in. When i mentioned that she said that she would not do that as she never said she would subside or clear the bill. She says that its complex policy (which she did not disclose when we were moving in) for arrears to be carried forward and that I pay for the previous tenants bills.
Now I feel this is very unfair as I did not use that electricity and she as a landlord has to make sure that all bills are cleared before new tenants come in. And i have never heard of such a policy of where someone pays for someone elses bills….
So is she telling me that if i leave a bill of R5000 at the end of my stay the next tenants will cover it? Please advise if the consumer act can help.
All that i have talked to believe that she should settle this bill and give me the bill of which i used.
Dear Towela,
Thanks for your email. You are liable from the date of occupation until the last day of your occupation.
If she refuses to comply with your request, then lodge a complaint against her at the Rental Housing Tribunal.
Hope this helps.
Michael
Hallo. I signed a lease agreement for 12 months starting 1 June 2011. We made a detailed list of all the faults in the flat and a copy was given to the landlord.
The geyser burst after about a month and the landlord repaired it under his insurance, but the cupboard that stores the geyser were never replaced.
There is a big problem with dampness and its getting worse and when we notified the landlord the reply was that they cannot do anything about it.
After numerous e-mails to the landlord regarding all the faults that need urgent attention we didn’t receive any correspondence for about a month. We contacted the Handyman that were suppose to do the repairs, and he told us nobody ever told him to do the repairs.
I feel that we were more than lenient enough and gave the landlord sufficient time to do the repairs.
I want to know what we can do? Can we use CPA to void the rental agreement because the faults are not repaired or not?
I also want to know if its legal for the landlord to enter the flat if we as tenants are not present? Surely not.
Hi,
I paid full deposit for a flat (lease from 1 Nov 2011 to 30 April 2012) but only moved in a week into November because there was no hot water in the house. In the meantime, my 5 year old and his pregnant mother had to find a place to sleep (at our expense).
Over and above this, I got a call from the previous tenant, who upon inquiring, informed me that she got my cell number from the company from whom I’m leasing.This, despite the fact that I did not give them permission to share my cell number.
when I queried the full rental requirement in view of the fact that I moved in a week into November (because of lack of hot water), I was told the place was ready so full rental was required.
Below is an email I sent them on the 4th November:
I am writing to plead for your urgent assistance so I can occupy #37 at Jasmine.
As you can see in the attached payment confirmation, I have paid a full deposit for the place, and should already be living there.
On the day we Mapitso and I went to view the place, we were assisted by Ian, who noted and advised us to stipulate the difficulty to lock and unlock the sliding door into the house in the list of faults we had to submit back to your company within 7 days.
I have just called 012 991 0896, and in my conversation with the lady, she informed me that yesterday this matter was discussed and apparently nobody seems to understand what problems I’m having with gaining access into the place, which surprises me in view of our discussion with Ian (as described in the preceding paragraph).
I could apply force to swing the key so the sliding door opens, but am afraid it may break.
At the very least, can I have this problem of locking and unlocking the doors (both back and front…the other door can’t be locked from outside) solved urgently so I can have my family move in. After all I have paid already.
The burst geyser is another very urgent problem to be solved.
Except for the lady with whom I had a phone conversation this morning and Danie, the people I have referred to in this email are copied.
My landline is 012 843 XXXX and mobile is 078 800 XXXX. May I warn that the mobile is not on me for now but I’m rushing out to go get it. An email response would thus be appreciated.
Hoping for your prompt assistance so my family and I can move in today,
Regards,
Veli
_____________________
Please advice!
Thank you
Hi Veli,
Thanks for your email. It sounds to me you have been taken for a ride. The landlord is breach of contract and you should lodge a complaint with the Rental Housing Tribunal and at the Consumer Protection Commission against the landlord and the agent, and a complaint at the EAAB against your agent.
Hope this helps.
Michael
good day
i have moved into a place and paid full dep and full months rental in the month staying there lost my job and could only pay some of the money what stands for the company i am renting from ehat can they do and i will get my acc up to date asap i got a job again and think i will only get up to date at month end again please advice what to do and what to expect them to do thanks angelos
Hi Angelos,
Thanks for your email. Sorry to hear about your hardship. I suggest you inform the landlord in writing about your situation. Further, I suggest you make alternative arrangements (i.e. share, move back to your parents, etc.), if you are uncertain about your future and your ability to find suitable employment within a short space of time.
What you don’t want is to default, get a bad credit rating, and getting evicted. This will worsen your financial situation and also mark you as a black sheep.
Hope this helps.
Michael
Hi
We have been renting a house for about two years with the intention to buy , unfortunetly due to financial problems we cannot buy yet , our lease expired and the owner gave us another 6months which expires the end dec 2011, she has now turned and said that we muct give her two months notice and stay on until end jan 2012. we gave her a written notice ( two months as she told us to ) but now after contacting around we now hear that we must just give one month.Their is another vacant house waiting for us to move in??? she also wants to take pics inside the house to advertize to her clients and even said that we must make her a copy of the key so she can bring clients to come view when we not their .
CAN SHE DO THIS!!!!!!!!!!and CAN SHE MAKE US STAY ANOTHER MONTH????
I went to look at a flat end of October for occupation 1 Feb 12. I filled in an application form and was told about 12 days later that the flat was mine. The rental agent drew up the lease and I signed it in December and sent it back to her with the deposit payment of 2 x rent plus first months rent upfront and the lease agreement fee for the agency. I was called on Friday and told that I can no longer have the flat as the owner has decided that she doesnt think I can afford the rent and I have no rental history for her to check on. (I was staying with my family previously). I emailed the rental agent to ask what I could do and she said seek legal advice but it will cost me. I asked if someone could sign surety for me and she spoke to the owner and will now reconsider if she gets the additional forms and bank statements etc. I feel like even with the additional info the reassess wont give me a different income. I am now left trying to find an alternative place to stay and alternative place to store my belongings until I find a new flat. It has taken me a year to find a place in the area I wasnt within the budget that I could afford. Everything I find now is well over how much I can pay. What can I do??
Hi, I rent a property that requires repairs. One temporary repair was made after my daughter’s toe was cut open on a cracked tile. This was back in September 2011. After numerous emails to the letting agent I still have no action on the repairs, apart from apologies stating that they are still awaiting repair money to be sent from the overseas (UK) landlord. Am I able to withhold rental money due to the “services” being paid for are not being delivered?
Very infomative web page by the way!
Hi
I am currently renting a 2bedroom apartment for R3000.00p.m however the apartment has no living room. We are charged R100.00 for 52units for electricity. I buy it at the bank. Once I month I pay R200.00 they deduct R120.00 and give me R80.00 worth of electricity. No one can tell me what the R120.00 penalty is for. Every time I want to acces my apartment building I first have to show my acces card for the security.
Please advise
To whom it may ever concern:
I (LEONARD and my partner (GRAHAM) is renting a granny flat in Richards bay no 4 bosvlier with our land lord that is not from south Africa and through just letting in arboretum the flat is on his name Graham Naicker we moved in on the 1st of December before we could move in we paid the full amount of rent R2500, rent+depositR2500+R250, key deposit.R85 for service fee. As we both signed after before she did the inspections for the repairs to be made while we stayed there this was with the landlord and the agent Annelize.
Annelize got us the place on the December the 1st ,and before I signed the contract, I told her to put a reminder that my work will always pay either on the first or the middle of the week like the 5th she said it was no problem as long as we pay our rent .she took pictures of the place before we even could move in. she told me the shower door will be replaced because it is broken the glass can come out any time soon if we by accidently bump in to it could serious injure me or my partner , the shower door also does not close shut. It is stuck. And the toilet seat to be change. And she also told us that he will put in cupboards for our cloths at this moment our cloths and shoes are lying on the floor next to our bed. The landlord told Annelize in front of us he will do all the above mentioned. Now on Friday I came home and graham told me that there is no hot water. For months we had no hot water and still we pay our rent and why is it that we have to remind him to switch on the hot water. And he give us no communication regarding hot water last month there was no hot water so I asked him to put on the hot water he told me the geyser broke and forgot to tell us so we had cold water and still got sick on top of that and we still paid rent like honest south African citizens like we do. And as I report it to just letting they are giving us lip and not assisting us at all. Who has the right now South Africans or people from another country .just letting us done is in and is treating us like we are the wrongs ones here. Please could someone assist us in this matter due that our own system does not want to help us? a reminder we do not have a problem with the landlord but if we do not get service for what we pay then why are we paying for living like jackals in the buss,. I am so disappointed in this system of just letting and I have proof of the emails they have sent to me daily only emails no action was done on our request.
I am renting a business property, have signed a lease for 5 years which only expires in Sept 2013, I cannot afford this anymore and is in contact with my Landlord for nearly a year stating the onvious. He insist on my full term. I want to give notice, can I give notice and what is my rights?
Please advise
Hi Tinus,
Thanks for your email. I am sorry to hear about your hardship. First of all, you need to review your lease. In most cases in contains a early termination clause or a clause in which you can source a tenant at your expense to take over the lease.
Other than I suggest you consult a business rescue attorney to assist you in negotiating your way out of this lease and settle debts with your creditors.
Hope this helps.
Michael
We have a fully furnished apartment (stocked right down to the last teaspoon) As such it appeals to a ‘niche’ market – corporates, international contract workers etc. It generally takes us 2 months to advertise and find suitable tenants, so we have a provision in our lease that the notice period is 60-days. We also draw this to the attention of the prospective tenant BEFORE signing the lease and will only take them on as tenants if they specifically agree to that notice period. (Otherwise we are put at a distinct disadvantage if they decided to opt out of the lease agreement). I have taken advice on this and been told that if the is a specific condition of rental and the tenant undertakes to abide by that condition – specifically upon signing the lease we agreement, we are within our rights to insist on a 60-day notice period should they opt out. I would appreciate your insight.
Hi
Can you please assist.
I signed a lease for a year in Dec 2011 – the property is a granny flat at the back of a house and I have seperate entrance.
The owners advertised the place as very safe and i took it in Good faith and thus moved in.
There have been 2 intruders in the yard in the past 2 weeks.
I am extremely scared at night and I fear for my and my 2 small children s safety.
The places has huge windows with no burglar bars – There is no agreement in lease that says they will install.The lease also says the owners take no responsibility for anything that happens to us or any damages incurred.
I have approached them ,they say I have nothing to worry about and that they will put up barbed wire on the fence.
What I can in this instance?
I don’t want to break my lease and move out but I also cannot be living in fear of what might happen.
Please help
Hi
My landlord does not pay his property rates resulting in a cut-off in water and electricity services for numerous days even weeks. This happened in November 2011 and now again in Feb 2012. The lease mentions exclusion from certain liability for the lessor and one of it is interruptions in services “whatever the cause”. I have completed one month into my two month notice period and am fed up with the current incident (no power and water at the moment) that i have made arrangements to move out immediately on the 2nd of March and not to serve the second month. On advising my landlord to collect his keys and do his inspection on this day he replied that i would be in breach of contract and am liable for March.
I have complete documented proofs of the cuts. I cannot live at the place any longer in such a condition. Please advise?
Dear Momo,
Thanks for your email. The exclusion clause is only for external factors for which the landlord is not responsible for or has no control over. He has given you occupation and possession of the property and in order to use the property you require the utilities. If you paid your rent and other charges to the landlord and he has not paid this over this is not covered in this clause.
I suggest you lodge a complaint the Rental Housing Tribunal.
Hope this helps.
Michael
Hi,
we want to cancel our contract. It says: The Lease is for a fixed period of 1 year (12 months, reckoned on 1. April 2011 and terminating on 31. March 2012. The Lessee has the option to renewal the lease for a further period of one year provided that the Lessor of the Lessee`s intention to exercise this option is given in writing at least 3 calender months before the date of termination.
We never give our landlord anything in writing and we are still living in the house and paying our rent. Now we want to move out. Can we give written notice with 20 working days? Please give advice.
Bibi
Hi, i’m renting a flat since 2005. I signed a month to month contract with the landlord I could’nt pay the rent seeing tha I was unemployed for 2 years. I wrote a letter to the landlord, that will pay the rent monthly and an extra 300 to start paying the outstanding debt. The landlord agreed. Now the landlord is victimising and terorising me,said i must vacate the flat. Otherwise i must sign a new contract for 3000 per month,i’m paying 1800 pm. What is my rights regarding the above- mentioned matter?