2010/07/30 07:01:36 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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2010/08/07 09:35:46 PM Marc Lunau Posts: 169	In my mind agent should have never allowed occupation before new tenant had paid the pro-rata rent. Agent also must get the new tenants rent and pay it back to outgoing tenant. It is his job, not simply connect the 2 tenants directly who have nothing to do with each other. However, on the other side outgoing tenant left early out of his own will and has no legal right to get money back. He should only get a refund if a new paying tenant was found for the last 2 weeks of outgoing tenant. If the lease is incorrect that is another story. Maybe ask EAAB. -- Investor and Property Manager with value add solutions www.houses4rent.co.za
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2010/08/09 08:47:22 AM debbieb01 Posts: 20	EAAB have been written to, but long time processing, and cases often dropped. Had a fraud case with an unregistered lady agent "RM", and she's still at large! Occupation date for new tenant was 1 Jan 2010, but as we were moving out early 18th Dec, new tenant wanted to move in early, before Christmas, as they were going away for Christmas, and would be away after 1st Jan, their official move in date. Lease period is from 1 Jan 2010, but should have been amended to the date the new tenant took occupation? Then the letting company should have recovered all monies from the new tenant, the date they took occupation going forward.
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