First time renting...not working out!

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  • Teddy99
    New Member
    • May 2017
    • 2

    #1

    First time renting...not working out!

    Hi All

    I have just rented my first apartment, or so I thought...

    The apartment was up for rent by a popular agency in the area. I contacted them and sent all the required information through to them. They preceded with the credit checks and all of that. Everything seemed to be in order and I sent them the singed lease contract and paid the deposit (Within the required 2 days). The agency replied by saying they will forward the lease agreement to the lessor, for his signature, and send me back a copy thereof. One week after this mail I received a mail from them that stated the apartment is no longer for rent and is now reserved for the lessor's family. After a telephone discussion with the agency I discovered that they have not even sent the documents through to the lessor.

    I feel this is very unprofessional from the agency . I would just like to know if there is something I could do? Or is it just the best to demand my deposit back and move on?

    Thanks!
  • HR Solutions
    Suspended

    • Mar 2013
    • 3358

    #2
    Unfortunately this is the agencies fault. Im not sure exactly what recourse you could have as it is very unprofessional from the agency. But at the end of the day they have not signed the lease therefore you don't really have anything to go by. Your best bet would be do get your deposit back ..... in full.

    Comment

    • Teddy99
      New Member
      • May 2017
      • 2

      #3
      Yea just as I thought. Luckily they had no problem paying back the deposit.

      Thanks for the help.

      Comment

      • Citizen X
        Diamond Member

        • Sep 2011
        • 3411

        #4
        Originally posted by Teddy99
        Hi All

        I have just rented my first apartment, or so I thought...

        The apartment was up for rent by a popular agency in the area. I contacted them and sent all the required information through to them. They preceded with the credit checks and all of that. Everything seemed to be in order and I sent them the singed lease contract and paid the deposit (Within the required 2 days). The agency replied by saying they will forward the lease agreement to the lessor, for his signature, and send me back a copy thereof. One week after this mail I received a mail from them that stated the apartment is no longer for rent and is now reserved for the lessor's family. After a telephone discussion with the agency I discovered that they have not even sent the documents through to the lessor.

        I feel this is very unprofessional from the agency . I would just like to know if there is something I could do? Or is it just the best to demand my deposit back and move on?

        Thanks!

        You can sue for damages on the basis of breach of contract. Though the lessor didn't yet sign the lease agreement, there was tacit agreement that the lessor leases this apartment to you. A strong point on your side is that you paid the deposit.
        “Success consists of going from failure to failure without loss of enthusiasm." Winston Churchill
        Spelling mistakes and/or typographical errors I found in leading publications.
        Click here
        "Without prejudice and all rights reserved"

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        • HR Solutions
          Suspended

          • Mar 2013
          • 3358

          #5
          Originally posted by Vanash Naick
          You can sue for damages on the basis of breach of contract. Though the lessor didn't yet sign the lease agreement, there was tacit agreement that the lessor leases this apartment to you. A strong point on your side is that you paid the deposit.
          And that would be just waste of money because you do not stand a chance of getting anything out of it !
          All that would happen is the lawyers will make some money out of you.
          Why don't you ask someone like Vanesh to do it for you and agree to only pay him if you win ?

          Comment

          • Citizen X
            Diamond Member

            • Sep 2011
            • 3411

            #6
            Originally posted by HR Solutions
            And that would be just waste of money because you do not stand a chance of getting anything out of it !
            All that would happen is the lawyers will make some money out of you.
            Why don't you ask someone like Vanesh to do it for you and agree to only pay him if you win ?
            HR, there is no monopoly on viewpoints expressed on TFSA. As such, anyone can express a view.
            Based on the information provided, there is a prima facie case for breach of contract. Our courts have long held that a contract needn’t be in writing. Naturally, confirming any contract to writing is wise for obvious reasons.
            HR, I would like to impress upon you that ‘The Law of Sale and Lease,’ is an advanced area of law.

            HR, can you motivate the legal opinion that you have expressed?

            For ease of reference I include your legal opinion here

            "And that would be just waste of money because you do not stand a chance of getting anything out of it."
            “Success consists of going from failure to failure without loss of enthusiasm." Winston Churchill
            Spelling mistakes and/or typographical errors I found in leading publications.
            Click here
            "Without prejudice and all rights reserved"

            Comment

            • HR Solutions
              Suspended

              • Mar 2013
              • 3358

              #7
              HR, can you motivate the legal opinion that you have expressed?
              My daughter is a lawyer

              Why don't you do this for them on a contingency fee basis and get paid if and when you win ?

              Comment

              • Citizen X
                Diamond Member

                • Sep 2011
                • 3411

                #8
                Originally posted by HR Solutions
                My daughter is a lawyer

                Why don't you do this for them on a contingency fee basis and get paid if and when you win ?
                Only if you provide your next 10 000 clients with free services
                “Success consists of going from failure to failure without loss of enthusiasm." Winston Churchill
                Spelling mistakes and/or typographical errors I found in leading publications.
                Click here
                "Without prejudice and all rights reserved"

                Comment

                • Greig Whitton
                  Silver Member

                  • Mar 2014
                  • 338

                  #9
                  Originally posted by Vanash Naick
                  HR, there is no monopoly on viewpoints expressed on TFSA. As such, anyone can express a view.
                  HR has a long history of abrasive, hyper-opinionated, and obnoxious posting that borders on trolling. Ignore him.

                  Founder of Growth Surge - Helping entrepreneurs create more wealth and enjoy more freedom.

                  Comment

                  • Citizen X
                    Diamond Member

                    • Sep 2011
                    • 3411

                    #10
                    Hi Greig,

                    I respect and accept him nonetheless
                    “Success consists of going from failure to failure without loss of enthusiasm." Winston Churchill
                    Spelling mistakes and/or typographical errors I found in leading publications.
                    Click here
                    "Without prejudice and all rights reserved"

                    Comment

                    • HR Solutions
                      Suspended

                      • Mar 2013
                      • 3358

                      #11
                      Originally posted by Greig Whitton
                      HR has a long history of abrasive, hyper-opinionated, and obnoxious posting that borders on trolling. Ignore him.

                      LOL .... so do you ..... the difference is you are often wrong

                      Comment

                      • HR Solutions
                        Suspended

                        • Mar 2013
                        • 3358

                        #12
                        Originally posted by Vanash Naick
                        Only if you provide your next 10 000 clients with free services
                        Vanish just as a matter of interest we often provide charity work.
                        Secondly why on earth would I do 10000 clients with free services ??

                        Thirdly I never ever said you must do something for free - I suggested you do this work and get paid when you win ......... if you were so sure about it instead of attacking me back why don't you do it ?

                        Comment

                        • Citizen X
                          Diamond Member

                          • Sep 2011
                          • 3411

                          #13
                          Originally posted by HR Solutions
                          Vanish just as a matter of interest we often provide charity work.
                          Secondly why on earth would I do 10000 clients with free services ??

                          Thirdly I never ever said you must do something for free - I suggested you do this work and get paid when you win ......... if you were so sure about it instead of attacking me back why don't you do it ?
                          I reject your suggestion. However, I do thank you for thinking about my best interests, if you really concerned about the same.

                          HR, I’m certainly not attacking you. That being said, you can’t police my reaction. I’ve already emancipated myself from ‘mental slavery,’ and I’m encouraging my people to do the same.

                          I don’t have a malicious bone in my body. 2000 people from the “Precast Informal Settlement Ward 8, Lenasia,” will attest to this!!!!
                          I can walk freely to this informal settlement at any time day or night. In fact, I sometimes take a walk there at 2 am in the morning! Even the dogs of this informal settlement are familiar with me! I know what contribution I'm making to South Africa. I needn't elaborate.

                          I haven’t been to church in over 15 years. My last church service was about 2 months ago in the "Precast Informal Settlement: “ Greater Works Ministry.” It was the best church service I experienced in my life!

                          I share this with the world proudly and openly!

                          I have no reason whatsoever to “attack,” you or anyone else.

                          My question to you is this : Will you be able to walk to this informal settlement at 2 am alone?? I think not, you'll need to first earn the respect of these good human beings.

                          This wonderful community have accepted me as a son of their land. I’m proud of my 2000 friends in the “Precast Informal Settlement,” and guess what, they proud of me.

                          You see, I care about the marginalized of society. Do you?? I’ve dedicating my life to help these wonderful human beings in any way I can.
                          Change is coming to Lenasia, and it’s coming soon!!!!

                          “We Revolutionaries, YOU KNOW. ME, see myself as a revolutionary who don’t have no help from NO ONE, and take NO BRIBE from no one. I fight single hand with MUSIC.” BOB MARLEY

                          In brief, I’m not attacking you whatsoever. I simply have no need to do so and perhaps more importantly no time to do so.

                          That said, peace and respect, my fellow TFSA member.

                          United we stand, divided we fall.

                          Might I suggest, that we work together for the greater good of South Africa?? As opposed to petty argument
                          Last edited by Citizen X; 01-Jun-17, 08:26 PM.
                          “Success consists of going from failure to failure without loss of enthusiasm." Winston Churchill
                          Spelling mistakes and/or typographical errors I found in leading publications.
                          Click here
                          "Without prejudice and all rights reserved"

                          Comment

                          • HR Solutions
                            Suspended

                            • Mar 2013
                            • 3358

                            #14
                            I have no idea what walking in a settlement has go to do with helping this lady !
                            I still say if are so sure then do this for her and get paid if/when u win.

                            As u say ... Let's work together

                            But the fact is you can't be giving professional advice to someone where they are going to spend money to try to get money they probably never will get !

                            Comment

                            • Dave A
                              Site Caretaker

                              • May 2006
                              • 22803

                              #15
                              True charity is sweetest when it is a gift freely given rather than an obligation placed by someone else being fulfilled. Let us not sour the blessings of giving by attempting to place an obligation on others.

                              If you want to volunteer someone, I gently suggest it best to volunteer yourself.
                              Participation is voluntary.

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