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2010/06/09 12:00:11 PM

janniejnb
janniejnb
Posts: 2
I keep getting late rent notifications from TPN. My rent is due on the 1st and I process it by EFT on the 1st but because of different banks, it takes 2 days to reach the rental agent. They say that it must reach them by the first - who is correct?
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2010/06/09 02:27:52 PM

Kittyb
Kittyb
Posts: 6
Well I believe that according to the law, you have until the seventh, if you can proove that you process payment on the first, present it to them. To avoid this pay earlier if you can... but don't stress too much, the law is on your side. Usually companies only send out notifications on the third, just as a reminder. Just beware that the charges don't rack up on these notifications. some places are a little too eager to charge extra "fees"
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2010/06/09 02:39:29 PM

janniejnb
janniejnb
Posts: 2
thanks for the response. why does TPN allow these SMSs to go out if I legally have until the 7th? I don't get charged for them though
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2010/06/09 03:08:39 PM

Kittyb
Kittyb
Posts: 6
I had an agency in Pretoria North do that to me as well, the agency controls the SMS's via TPN's web site, so it is in fact probably some nervous office assistant trying to avoid her angry boss at your agency.
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2010/06/09 03:50:26 PM

daleen
daleen
Posts: 2
Just a quick comment that a tenant does not have till the 7th to pay rent - there is no law stating that you have till the 7th. It the contract states that the rent needs to be paid at the 1st then you need to pay the rent at the 1st. For some reason most tenants are of the opinion that the rent only need to be paid before the 7th but in actual fact this is not the case.
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2010/06/10 10:03:41 AM

Michelle
Michelle
Posts: 142
Official TPN Credit Bureau comment:

When is rent due? The tenant will need to refer to their lease agreement. Most lease agreements state rent is due and payable in full on or before the first of the month.

There is no common law which allows tenants until the 7th of the month to pay their rent. The breach clause of the lease agreement will provide for the remedy available to the Landlord should the tenant fail to pay their rent. This breach clause might provide that the landlord is required to give the tenant a certain number of days (usually 7 days) to remedy the breach after which the lease is cancelled or in some cases, the breach clause will allow the landlord to cancel the lease forthwith (ie without any notice).

What is [Rental] Payment Profile?
Payment profile is a category or consumer credit information defined in the National Credit Act as "Factual information pertaining to the payment profile of the consumer." TPN SMS all tenants their current month's rental payment profile status (Paid on Time, Paid Late, Partial Payment, Did not Pay) to ensure the accuracy of the information. This is because negative information such as a 12 month history of Paying rent Late will severally restrict the tenant's ability to find new rental accommodation. A tenant who has a 12 month history of rental payment profile with Paid on Time will be rated as a quality tenant and will be placed as a preferred tenant.

TPN recommendation: All Landlords, Tenants and Property Managers should carefully read their lease agreements specifically the rent due and breach clauses.
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2010/06/25 01:39:40 PM

mjwthorne
mjwthorne
Posts: 14
From Landlords.

It is interesting to see just how many tenants know the bush law but not the written law, I strongly recommend that before your rent that you take a look at the Rental Housing Act No 50 of 1999 and the Unfair Practices Act, and you will note that you are wrong, rent is due on the due date no matter if you pay by check or eft it must be available to the owner or agent on that date, no excuse.
There is nowhere in the act that it states that a tenant has 7 days grace to pay their rent, this is a left over from years gone by, where the state employees were paid on the last day of the month, and it was a grace period then which does not apply today, it is not in the act.
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2010/07/21 12:51:30 AM

Marc Lunau
Marc Lunau
Posts: 169
I also would love to see this bush law. It does not exist. For ease of wording I would say the rent must be reflected on owners account and be available to owner in full on the due date. If the bank needs 2 days to get it there tenant needs to pay it 2 days before. If tenant pays by cheque and it takes 7 days to clear than tenant needs to pay it 7 days before due date. It is the tenants responsibility to get the rent to the owner/agent in time. It is really that simple.

--
Investor and Property Manager with value add solutions

www.houses4rent.co.za
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