2010/01/26 05:01:43 PM
ajager01
Posts: 6
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Hi Michelle, I have a problem tenant, and queries my fees for late payment and admin fees, as well as the cash bank fees. She approached me today enquireing about my registration number that allows me to collect monies and a schedule of fees that I am allowed to charge for letters, phone calls etc.
Is there a change in the law regarding agents that have to collect arrear rental etc.? This is quite urgent.
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2010/01/27 11:20:19 AM
phprop
Posts: 15
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My answer to this problem is very simple.... "Correct.. I am not a Registered Debt Collector, but my Lawyer is... and if I ask him to collect the Debt from you it could become very expensive for you.. What would you like me to do? You make the decision?" In our contarct all rental Paymenst must be free of Bank Charges..
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2010/01/27 01:12:05 PM
ajager01
Posts: 6
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Please let me know, if we as estate agents have to register as debt collectors? is it law?
Is there a specific tariff for us to charge tenants when they are in default with paying rent on time, etc.
Are we allowed to charge clients for extra expences when they are in default?
Could you give me and indication what to charge for Late payments Admin fee R
Charges for 1st demand Letter,
Charges for blacklisting,
Charges for breach of contract,
Telephone calls and other costs to 'inn the moneys outstanding?
Appreciating you early reply
Tks
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2010/01/27 03:18:11 PM
Michelle
Posts: 142
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Do estate agents have to register as debt collectors?
I have just emailed you 2 lengthy emails in this regard; as it is too long for the limited space I have on the forum reply. If anyone else wants this correspondence, email michelle@tpn.co.za
In short, the Council of Debt Collectors have found that estate agents do indeed have to register as a debt collector when they are collecting arrear rent or levies - this also regulates the fees charged for letter of demand (R14.00), telephone calls (14.00) etc. Penalty fees would be prohibited. See list of prescribed fees: http://www.debtcol-council.co.za/expenses__fees.html This is not a court finding, a court might find differently.
Penalty fees in Gauteng are prohibited. The Western Cape Rental Housing Tribunal does allow for the charging of penalty fees, if they are reasonable and the amount is agreed in the lease agreement. (Not sure about KZN’s Rental Housing Tribunal).
TPN members can charge an admin fee to remove a default listing - I would encourage members to include this in their lease agreement.
Charges for breach of contract - this would be a claim for actual damages: unpaid rent, commission payable, advertising cost - you would have to substantiate your costs.
Cash fees are allowed - again, as long as this is stipulated in the lease agreement
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2010/09/14 08:57:47 AM
hotagent
Posts: 27
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Hi Mich, Jess here, what is the legal situation when a person obtains a unit with a tenant that has signed a lease with the previous owner for 4 years and now the new owner wants to sell the property ?
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2010/09/16 04:06:09 PM
Marc Lunau
Posts: 169
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Easy, Buyer has to honour the lease which is stronger then the sale.
--
Investor and Property Manager with value add solutions
www.houses4rent.co.za
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2010/09/20 12:49:52 PM
Michelle
Posts: 142
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Hi Jess, Huur gaat voor koop rule applies. The property can be sold - but the new owner must honour the terms of the lease - including the lease period of 4 years.
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2011/03/16 04:17:58 PM
mherring00
Posts: 1
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Hi Michelle,
I have clients in Bloemfontein who wants me to charge late payment penalty fees and I did inform them that we are not allowed to do this. Where can I get this in writing? Is it specified in the Rental Tribunal act somwhere? I am registered as a Debt collector but would like something in writing specifically with regard to the penalty fees not beiing allowed.
Your reply would be greatly appreciated.
Michelle wrote:
Do estate agents have to register as debt collectors? I have just emailed you 2 lengthy emails in this regard; as it is too long for the limited space I have on the forum reply. If anyone else wants this correspondence, email michelle@tpn.co.za In short, the Council of Debt Collectors have found that estate agents do indeed have to register as a debt collector when they are collecting arrear rent or levies - this also regulates the fees charged for letter of demand (R14.00), telephone calls (14.00) etc. Penalty fees would be prohibited. See list of prescribed fees: http://www.debtcol-council.co.za/expenses__fees.html This is not a court finding, a court might find differently. Penalty fees in Gauteng are prohibited. The Western Cape Rental Housing Tribunal does allow for the charging of penalty fees, if they are reasonable and the amount is agreed in the lease agreement. (Not sure about KZN’s Rental Housing Tribunal). TPN members can charge an admin fee to remove a default listing - I would encourage members to include this in their lease agreement. Charges for breach of contract - this would be a claim for actual damages: unpaid rent, commission payable, advertising cost - you would have to substantiate your costs. Cash fees are allowed - again, as long as this is stipulated in the lease agreement |
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2011/03/17 03:05:44 PM
Ernie
Posts: 11
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Hi Michelle,
If my tenant owes a month's rent + debt collection charges, but only pays the rent and not the charges, can I add debt collection charges to the outstanding charges as well? This tendency has been going on for 4 months and the debt collection charges are just never paid. Am I allowed to charge interest on outstanding rent as well?
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2011/03/23 03:49:22 PM
CobusvdM
Posts: 23
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I may be a bit late with my comment on the debt collectors issue that estate agents are experiencing at present. We, as estate agents, found the perfect solution to it. It is 100% legitimate and it works very well in practice. Read about it here: http://www.wealthkey8.com/5/post/2010/12/first-post.html
--
Cobus van der Merwe
OWN YOUR OWN INVESTMENT PROPERTY
www.incommercial.co.za
www.wealthkey8.com
www.cobusvdmproperty.co.za
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2011/03/30 02:57:33 PM
CJT
Posts: 1
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Hi All, A quick one, I was a tennant previously and paid rent on time every month, I had requested services bills monthly but to no avail, I got my deposit back however now my landlord wants the services money, I cannot afford to pay this now as I have new services to pay and think its tottally unfair that he is doing this after not recieveing a bill from him for so long. What is the law or advise on this please
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2011/03/30 03:16:20 PM
Michelle
Posts: 142
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Hi CJT, Debt prescribes after 3 years - that means if the services the landlord is deducting from the deposit are older than 3 years; the landlord would not be entitled to make the deduction. If the services being deducted are less than 3 years, the landlord could claim the amount due and make these deductions from the deposit
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