2010/07/29 09:32:02 AM Niri Posts: 3	Hi Guys I know this question must be asked a thoouussaand times :-) Apologies for repeating myself but I need to explain my scenario and get some advice. I moved into a property in a very well know Golf Estate in Northriding on 1 February 2010, and on occupation noted damp in the ceiling during the handover. We have rented through managing agents. A month later, the ceilling was leaking(grnd floor unit) buckets of water and we notified the man agents and they said it was the developers problem. Since then, the developers have been to the unit 5 times to fix the leak. During the period, curtain rails could not be installed in the lounge due to the problems of leaks . We have been living without any curtains for 6 months. Also, there is so much damp in the unit that water collects on the window sills daily, resulting in mould growing in the unit and on the sills. We have to wipe this every evening when we get home. Also the walls in the bedrooms and lounge are turning black due to the moisture in the unit. Being a grnd floor, and having thefts recently in the complex, i would never chance leaving a window open whilst we sleep. Also, bedding and pillows that were stored in the 2nd bedroom cupboards have also started to turn mouldy. Thing is i have been begging the managing agents to come and look at the property since Feb. They finally came end of June, and i have it in writing that they emailed the developer saying the conditions we are living in is “unliveable” and need to be fixed. In writing. They have been giving us the run around since occupation and the developers have been 5 times to fix the leak, nothing works as there is a problem in the construction where the ceiling meets the windows. They put silicone and cement and it never resolves the issue. The advice on the website was that the landlord must maintain a property fit for let. This is clearly not the case, and after speaking to the foreman, this unit has had problems prior to us moving in. We took over the previous tenant’s lease after they stayed only 3 months. I consider this a material breach as the leak in the lounge resulted in us moving our TV out of the way and placing couches away from the leaking ceiling. Also the unit was built on swamp land and we were informed by the painters and foreman that many units in that precint has the same problems as us. Last month i gave notice that i will be moving out end August due to the problems not being resolved. I also mentioned to the managing agents that we will gladly move to another of the owners units in the complex and continue with the lease. We are not looking to stuff anyone around, but also we are not going to be held ransom where we are because we signed a lease. The place is now getting mouldy again after the last re-paint. What recourse do i have? I have tons of pictures of the problems(leaks, mould, damp and paint peeling off the walls), and emails to the managing agents that never go answered. Up until now, i have never withheld rent whatsoever. Can the landlord blacklist me for this or take legal action against me? Do i forfeit my deposit? Thanks for any assistance! PS: I am also a landlord currently renting out my place, so i understand from both sides of the coin how things are. If my tenant was going through this i would have definitely tried to resolve it soonest. edited by Niri on 2010/07/29
	• permalink
2010/08/07 09:42:58 PM marcl Posts: 40	Why are you dealing with the managing agent and developer? Where is the owner in all this? If you signed the lease with the owner deal with him. It is his task to fix it via who ever he chooses to. Maybe ask around a bit. Sounds like design/building fault and potentially many others have same problem. That you gang together and make more noise. Get an independent report about the root cause of the problem and proper remedy. Maybe go public and name and shame the developer. The squeaking wheel gets the oil first....
	• permalink
2010/08/10 10:48:37 AM Michelle Posts: 97	It certainly sounds like the property is not in a habitable condition. It also sounds like you have been reasonable in giving enough time and access to the property to repair the defects. And you have given a months notice on the grounds of the material disrepair. The Rental Housing Tribunal (RHT) handle will any dispute arising out of the possible non-refund of your deposit. It is important to document all correspondence, photos and attempts to repair the defect. You must still pay the August rent and perform the outgoing inspection with the agent. (Sounds to me like you have done all the right things).
	• permalink
2010/08/10 11:08:43 AM Niri Posts: 3	Thanks for the advice, i followed information that i had read from previous posts that suggested that should a material breach occur, that you can give notice and cancel a lease. This helped alot as when i spoke to the managing agent, they were surprised to see that we knew what we were talking about. I had to follow up as the landlord had gone for a heart operation and he was not available... To follow up, the developers came to the property this weekend(almost 2 weeks later) to assess AGAIN the damp problems....basically they are covering themselves and told me how i need to keep the windows open and air the unit...been living in JHB for 7 years and it's the first time i have had to do this...i wish i could name and shame the place...people shouldn't be purchasing my unit for almost R 1million... Told the managing agents last week that i will pay the Aug rent once i get a letter from them stating that my deposit will be refunded(less any damages) but i will be weary that they don't make me pay for the damp problems and stuff like that...but i feel i have covered myself if all ways and will take it to the Rental Housing Tribunal if it goes awry....
	• permalink