The scenario presented to our panel of experts this week relates to a tenant who has not paid rental for some time. Our reader, the landlord, has given him some breathing space, but has now put the tenant on terms and insisted that he pays at the end of the month. The question he now asks is what happens if the tenant still does not pay. Can our reader demand that he moves out immediately because he is in breach of the lease agreement? Schalk van der Merwe from Rawson Properties … [Read more...]

A reader has asked several interesting questions relating to the voting rights of owners in a sectional title complex. It appears that an annual general meeting was convened and that the managing agent of the complex held that certain owners who attended this meeting were not entitled to vote. Schalk van der Merwe from Rawson Properties Helderberg says the managing agent can be seen as a delegate of the body corporate, or body of owners. "Once appointed, such agent assumes many … [Read more...]

Our experts have received a question from a couple who had purchased a plot some four years ago. Having decided to build on the plot in stages, they requested a quotation from their neighbours – who happen to be builders – for a foundation and one room with a bathroom. A price was agreed on, the amount was paid and the work comleted. The couple also enquired as to a price for a three-bedroom, timber-frame house, but no deal was struck in respect thereof. Some two years passed and … [Read more...]

Our panel of experts has received a letter from a reader who is very concerned about the actions of the chairperson of the trustees of the body corporate in her sectional title complex. This chairperson has taken independent financial decisions relating to certain suppliers of services in respect of the complex, notwithstanding the proper decision-making process having been followed. Usually, says Schalk van der Merwe from Rawson Properties Helderberg, the trustees of a body corporate … [Read more...]

Our panel has received an e-mail from a frustrated reader who has been experiencing endless problems with a noisy neighbour in the security complex in which she resides. She has also attached an extract of the conduct rules applicable to her complex. In her letter, she states that she has taken the issue up with the chairman of the body corporate, but no action appears to have been taken against the culprit. Schalk van der Merwe from Rawson Properties Helderberg says the extract … [Read more...]

A reader, who bought a house with her partner, finds herself in a predicament as a result of the relationship having broken down. Her former partner now wishes for her to take full ownership of the property. Lucille Geldenhuysenhuys from Lucille Geldenhuys Attorneys in Stellenbosch says there are various aspects the reader has to consider when making a decision regarding this problem. "One must first look at how she will acquire full ownership. There has to be an underlying … [Read more...]

A couple, who purchased a property without a boundary wall, wants to know if the previous owner can be forced to erect one if he has verbally agreed to do so. Nothing has come of his promise and they are now building the wall themselves, but want to know whether they have any recourse. Lucille Geldenhuys from Lucille Geldenhuys Attorneys in Stellenbosch says in order to comply with the provisions of section 2(1) of the Alienation of Land Act 68 of 1981, the whole contract of sale of … [Read more...]

One of our readers finds herself in the midst of a dispute with her landlord regarding alleged arrear rental. She says she has signed a written agreement whereby she agreed to pay R3 200 per month. An equal amount was provided as a deposit. The reader says she has made her payments regularly, and on time, for a year before the landlord's letting agent informed her that the actual amount was R3 300 and that she was therefore in arrears. The landlord is also threatening to use the deposit … [Read more...]

Levies and trustees are at the centre of the latest question posed to our panel of experts. A lady, who recently bougth a flat, wants to know whether it is normal, or legal, for the levy to increase by 35%. She is also concerned that some trustees are abusing their powers and asks if owners, who are in arrears, are allowed to act as trustees and, lastly, whether trustees are allowed to serve for consecutive terms. Lucille Geldenhuys from Lucille Geldenhuys Attorneys in Stellenbosch … [Read more...]

Our panel has received an e-mail from a reader who is the victim of storm water accumulating on his property. He lives on an incline, with neighbours above, below and next to him. Whenever there is a downpour, water from his neighbours and from his own property damn up against the boundary wall at the bottom of his property. The reader is concerned that the wall may crack or fall over, or that his property may be flooded in the event of a serious downpour. He wants to know whether he is … [Read more...]

Vandeesweek se leser wil van ons paneel weet of 'n satellietskottel deel van 'n huis se vaste toebehore uitmaak. Hy is in die proses om 'n huis te koop en het opgelet dat die verkoper die skottel verwyder het. Die verkoopsagent het hom meegedeel dat die verkoper 'n DSTV-kontrak het en dus geregtig is om dit af te haal. Die leser wil weet of dit wettig is. Schalk van der Merwe van Rawson Properties Helderberg sê wanneer iemand 'n eiendom koop, sal die kontrak normaalweg stipuleer … [Read more...]