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2012/02/03 04:40:10 PM
Topic:
Entering Property Without Permission

apple1
apple1
Posts: 2
We have a defaulting tenant who has been issued a letter of demand and is about to have his lease cancelled. There is also a leaking valve in the geyser (not yet causing damage as far as we are aware) for which he is not giving access to the plumber. The owner would like us to facilitate a locksmith to gain entry, allow the plumber to make the repair and then give the tenant a new set of keys. The owner's attorney thinks the risk of comeback from the tenant is worth taking but we are not comfortable with this approach.



Would anyone else do this without a court order?
2012/02/02 10:08:35 AM
Topic:
Slander?

Crispybacon
Crispybacon
Posts: 3
Question: Does naming bad tenants on a forum like this amount to slander/libel? They have not been convicted of any crime/offence, and by being named on this forum, their chances for securing future rental can be prejudiced.... I see a few posts do mention bad tenants by name.
2012/02/02 10:03:17 AM
Topic:
8 Days Notice. What are my options?

Crispybacon
Crispybacon
Posts: 3
Hi Marc,

Thanks for your input.
2012/02/01 12:28:48 PM
Topic:
No rental payemnt from last 6 months

kgangava01
kgangava01
Posts: 1
Hi,
I have a tenant who is giving me very hard time. They did not pay me for last 6 months.
What options do i have?
1. My first preference is to get the money.
2. To get them out of my property.

What options do i have to get my money back? Debt collectors? court?

Please advice.
2012/01/31 10:32:23 AM
Topic:
Defaulting tenant - notice before blacklisting

dcalitz01
dcalitz01
Posts: 1
I had a tenant sign a 1 year lease in his company's name (with him & his wife co-signing surety) through a rental agency and after the first year he signed a new lease, but this time privately in his own name.

After 3 months, they advised that they could no longer afford the rent & would be leaving (they were now also behind with payments). They moved out whilst I was away overseas, with a rental agency assisting to find replacements. My problem is now that they owe 2 & a half months rent, but I don't know where they have moved to in order to send a registered letter of demand as per CPA requirements. I have contacted both him & his lawyer via email, who are both aware of my intentions, but I get no feedback or information. I've also considered going to small claims court, but this also requires a location to serve notice.

I've run an individual trace, but it still only shows my property's address... How should I now proceed??
edited by dcalitz01 on 2012/02/01
2012/01/30 03:47:37 PM
Topic:
New to TPN

Twiggz
Twiggz
Posts: 2
Hey Marcl,

Thanks for the reply.

I've got another question about updating the tenants credit record when a payment is made. Is this a manual process every month when they make payment and what if you don't update it every month?
2012/01/30 12:26:45 PM
Topic:
Renewal of Lease

cjcprop
cjcprop
Posts: 1
Hi guys, My tenant's lease will expire end Feb. He indicated that he would like to stay on, on a month to month basis. My lease does make provision for this. Is a normal email by the tenant requesting to stay on on a month to month basis, and that I agree to it, sufficient. Or do we need to do more documentation. Please assist.



Thanks for your help
2012/01/30 10:48:43 AM
Topic:
CPA - notice period for tenant

cdm
cdm
Posts: 1
Hi Michelle,

My rental agreement is up for renewal and the agent has forwarded me with the new contract. I noticed there is a new amendment on the new contract which state that "As per Consumer Protection Act, a cancellation penalty fee equal to 1 months rental will be payable upon termination of contract" that is on top of a 2 calendar months written notice and R500 admin fee, to me this sounds outrageous. I know for the fact i will be moving at the end of June, do i have a right to request a new contract that ends in July to avoid paying penalty?
2012/01/30 09:17:26 AM
Topic:
HOLIDAY TENANT SHORTPAID

hotagent
hotagent
Posts: 27
The tenant has a copy of the booking form and she knows she stayed for 9 days, do I just put it down to "bad luck"?
2012/01/30 09:13:29 AM
Topic:
URGENT-DEFAULTING TENANT

hotagent
hotagent
Posts: 27
Dissapointed , I posed that question in November, I only recieved a response 28/January, scenario has already played itself out, I dont think this forum is of any help if the agents have to wait so long for a response!!
2012/01/29 09:24:53 PM
Topic:
Tenant's expectations of Landlord's obligations

aventura
aventura
Posts: 2
Thank you for getting back to me...much appreciated. The router was working fine on the tenant's computer before. Also, the router was -and still is - in good working condition when she started renting. The ISP sorted or told Telkom to fix the problem etc, so it is sorted now.
2012/01/28 12:54:51 AM
Topic:
It Riffing Off Golden Moments

Marc Lunau
Marc Lunau
Posts: 169
TPN, please remove this spam
2012/01/28 12:53:41 AM
Topic:
URGENT-DEFAULTING TENANT

Marc Lunau
Marc Lunau
Posts: 169
Odd chicken and egg, I suggest you ask a specialist like Marlon. TPN can put you in touch.
2012/01/28 12:51:42 AM
Topic:
Written proof of deposit

Marc Lunau
Marc Lunau
Posts: 169
My 5 cents: If an owner opens a new account just for the deposit the bank fee will probably erode any below inflation interest you are getting. makes bank richer and gives you little interest. I would not worry to much about it at this stage as long as you have proof that you paid the deposit. Then at lease end you claim it back with interest (assuming there are no damages of course). Then she has to give you the interest calculation too. I am sure many ownewrs might use that money which is legally not right. But as long its available when due to paid back who cares?
2012/01/28 12:46:42 AM
Topic:
Property rentals – what about pets?‏

Marc Lunau
Marc Lunau
Posts: 169
Sorry, that is bizarre. Why does one leave his pet behind? Why do you just take over the liability without agreement and only wonder a year later who foots the bill?
2012/01/28 12:44:50 AM
Topic:
High Water Bill

Marc Lunau
Marc Lunau
Posts: 169
Find the user. Simply switch all taps off. If you used hot water wait a 10 minute or so until geysers are refilled. Then check the meter. If the small little star is spinning water is used, leak or otherwise. Find out where the water goes. If there is no little star last person to leave in the morning takes reading. First person to come home does same. Has the water meter moved water is been used... If all fails get the leak detection people out, but they cost money. Discuss with owner before.
Speak to neighbour and ask where their meter is. If she doe snot have one it might be correct that all goes through yours. Unlikely though.
2012/01/28 12:38:15 AM
Topic:
DAMAGE TO PROPERTY

Marc Lunau
Marc Lunau
Posts: 169
Do not have that problem really. I cannot see why you cannot name and shame them via TPN to prevent other people giving them a place. That is one purpose of TPN - sharing of no credit related info, right Michelle.
edited by marcl on 2012/01/28
2012/01/28 12:36:36 AM
Topic:
Property management on behalf of owners

Marc Lunau
Marc Lunau
Posts: 169
Not sure what a managing agent has to do with this as they usually help Body Corporates to manage the common property of a complex. Did you mean letting agent maybe? If so I agree with Ruscon. Why do you worry about the date of payment? If owner is not happy which he should not be getting his money so late then he can take that up with the letting agent.
Why are you interested what the owner gets net of commission? Maybe I am missing something.
2012/01/28 12:31:58 AM
Topic:
NON-PAYING TENANT

Marc Lunau
Marc Lunau
Posts: 169
Only a court can do an eviction legally. Why did you give him an letter of eviction if the lease expires anyway? Did you give a letter of demand first? Write down all registration numbers if its his cars for later potential attachment. Maybe even report cars as abandoned and illegally parked if he is no longer a legal tenant.
2012/01/28 12:28:48 AM
Topic:
what happens to my deposit

Marc Lunau
Marc Lunau
Posts: 169
That is what I thought too that lease is stronger than a sale. But I learned recently that it is not the case if it was a repossessed property which by the sounds of it may be applicable here.

I doubt the new owner is liable for the deposit though. But one may have hard time to get it out of the financially distressed old owner.
Ask the Rental Housing Tribunal and/or approach the conveyancers who control the funds at transfer.

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