2011/11/02 11:20:47 AM Khathano Posts: 1	The flat was recently sold and bought on auction, the owner did not notify me about this until the new owner walked in with high court documents that he has bought the place. He has given me notice as he is to occupy the place in a months time. The previous owner is not answering my calls and the new owner say he has nothing to do with the deposit. Who is liable to pay me my deposit back?
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2011/12/29 10:15:16 AM frodo Posts: 1	"The tenant is protected by the common law "huur-gaat-voor-koop." If the property is sold, the new owner becomes the landlord and all the terms of the existing lease are enforceable. The owner cannot cancel the lease, but must wait until the end of your existing lease period. The new owner is also responsible to refund your deposit less any claim for damage." See : http://www.tpn.co.za/TPNBureau/Guest/faq_tenant.aspx#14
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2012/01/28 12:28:48 AM Marc Lunau Posts: 175	That is what I thought too that lease is stronger than a sale. But I learned recently that it is not the case if it was a repossessed property which by the sounds of it may be applicable here. I doubt the new owner is liable for the deposit though. But one may have hard time to get it out of the financially distressed old owner. Ask the Rental Housing Tribunal and/or approach the conveyancers who control the funds at transfer. -- Investor and Property Manager with value add solutions www.houses4rent.co.za
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