2010/06/09 03:06:56 PM Kittyb Posts: 6	My lease with company "a" expired four months ago. I have now found a place. When I went in to pay my rent on 28th April this year, I notified them that I had found a new home, and would move out, I heard a choir of agents say "if you want your deposit back you will have to get someone to take over your lease" puzzled, I questioned their reasoning, as my lease had expired, and I had continued payment, regardless but still had not signed any new agreement. On the 22 May this year I got a payment reminder that my rent of R3500 was due, this was e-mailed to me by someone I didn't know in the company. I was on my way to pay my final months rent, and stopped dead in my tracks when I recieved a notice from "my" agent, informing me that my rent was up by R165, as well my deposit needing a "top up" of the same amount with a renewal fee of R500. It stated clearly that this money was due IMMEDIATELY. Obviously not wanting to sign a new contract, as I am about to move out, I made contact with "my" agent, who became aggressive and abrasive, she said her principal would call me. At this point it had reached the third June, and I still had no idea what was going on. No phonecall from the “principal”, and later that afternoon, I received a letter which I can only assume is an AOD? it states that i must Pay R3500 immediately, or be served with 72 eviction notice and be black listed. So now the rent isn't going up?! huh? Anyway, these actions mad me suspicious, and I asked them for proof of my deposit being in trust (that is my right, right?) I have heard nothing more from them, and am hesitant to pay, only to spend a year fighting for my deposit back, as they have never done inspection and expect the place back "as new" what am I to do. I have decided not to pay until I have some answers, and being a stay at home mum, with far too much time on my hands discovered the following... I know that in the contract I signed, it states the following: “The LESSEE shall immediately after the LESSOR has signed this agreement pay a deposit of R3500 to "company a" to be kept by him in interest free trust until termination of the lease” This clause is worrying, as the Rental Housing Act of 1999 chapter 5(3)(d) states that interest earned may not be less than that earned in a savings account, and in essence, "company a" are stating black on white that you intend to take my money! Interest earned on this amount is due to me, as this is MY money?! It may not be much, but what "company a" is doing is wrong, and as a matter of principle I will not stand for it. (And by the way, there is no principal signed on my contract and only a principal may sign on behalf of an agency as the LESSOR, it was only signed by miss x, who, at the time was not legally allowed to avail herself as an agent, as she has just recently in 2010 been registered as an intern estate agent– My contract was signed in 2009) I have also found that, although "Mrs z" has also only recently been certified, she is not the active principal for "Company A"; "Mrs. z is employed by "Company DD", which has been liquidated. (and was owned by her husband, Cause for concern on my part?) In fact, Company A although a registered agency, with Miss x as an intern, does not; in fact have a principal at all! (More cause for concern?)now I know this is in contravention of the Estate Agency Affairs Act 1976, which means they are not entitled to any remuneration, resulting from this transaction. Another grave concern of mine is the late payment fees of up to R1000, which are not allowed in Gauteng – even if you were a registered debt collector. There was never at any time an inspection done on or about the property, nor was there a request for one No communication written or verbal has been responded to. Mrs z has instead made contact with my mother in law, trying to get her to pay my rent, my mom in law is in no way involved in this lease agreement. Help?!
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2010/07/12 09:06:00 AM Maryke Posts: 6	Funny how tenants always start knowing the law when they are in the wrong I am sure that even though your contract has expired there was a clause where you should give a calender month notice? And that is the little niggling part of the whole deal. One month's notice is applicable so that the agent can have time to find another tenant so that the owner won't incur financial damage.
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2010/07/30 06:39:13 PM debbieb01 Posts: 20	A well known agent practising in PE, allowed the incoming tenant to move in early (as the outgoing tenant had moved out two weeks early). Outgoing tenant had paid rent until 31 Dec 2009, but moved out early 18th Dec, the same day incoming tenant moved in. Agent advised outgoing tenant that the pro-rata rent was to be payable by new tenant to old tenant directly, without any change to the lease (i.e. early occupation). Needless to say incoming tenant never paid the pro-rata to the outgoing tenant, and the Agent will not divulge any information to outgoing tenant to try and recover the debt. Question: Shouldn't the Agent have amended the lease date for the occupation date, and recovered the pro-rata monies from the incoming tenant, and paid these funds over to the outgoing tenant (along with the deposit refund). I've spoken to other agents, who believe that this PE based company is not protecting the outgoing tenant, because they have no means to recover from defaulting incoming tenant, i.e. no information, even an I.D. and the incoming tenant is in occupation of the leased property, which is still under the outgoing tenants name and liability. Poses a danger to the outgoing tenant, should the incoming tenant damage the property in the period prior to his own lease commencing. Please advise further so I may recover R2700 against the PE agent?
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