Page 1 of 2 12 LastLast
Results 1 to 10 of 17

Thread: First time renting...not working out!

  1. #1
    New Member
    Join Date
    May 2017
    Location
    South Africa
    Posts
    2
    Thanks
    0
    Thanked 0 Times in 0 Posts

    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!

  2. #2
    Suspended
    Join Date
    Mar 2013
    Location
    Had enough
    Posts
    3,360
    Thanks
    114
    Thanked 214 Times in 202 Posts
    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.

  3. #3
    New Member
    Join Date
    May 2017
    Location
    South Africa
    Posts
    2
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Yea just as I thought. Luckily they had no problem paying back the deposit.

    Thanks for the help.

  4. #4
    Diamond Member Vanash Naick's Avatar
    Join Date
    Sep 2011
    Location
    lenasia
    Posts
    3,315
    Thanks
    853
    Thanked 697 Times in 609 Posts
    Blog Entries
    3
    Quote Originally Posted by Teddy99 View Post
    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.
    LLB(UNISA), N.Dip(TWR)
    vanash.naick@gmail.com
    Services: Fire-Arm licence Motivation letters, Labour Law Consulting, drafting of professional legal and business contracts and conducting case-law research for attorneys
    Everything is awesome

  5. Thanks given for this post:

    AndyD (31-May-17)

  6. #5
    Suspended
    Join Date
    Mar 2013
    Location
    Had enough
    Posts
    3,360
    Thanks
    114
    Thanked 214 Times in 202 Posts
    Quote Originally Posted by Vanash Naick View Post
    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 ?

  7. #6
    Diamond Member Vanash Naick's Avatar
    Join Date
    Sep 2011
    Location
    lenasia
    Posts
    3,315
    Thanks
    853
    Thanked 697 Times in 609 Posts
    Blog Entries
    3
    Quote Originally Posted by HR Solutions View Post
    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."
    LLB(UNISA), N.Dip(TWR)
    vanash.naick@gmail.com
    Services: Fire-Arm licence Motivation letters, Labour Law Consulting, drafting of professional legal and business contracts and conducting case-law research for attorneys
    Everything is awesome

  8. #7
    Suspended
    Join Date
    Mar 2013
    Location
    Had enough
    Posts
    3,360
    Thanks
    114
    Thanked 214 Times in 202 Posts
    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 ?

  9. #8
    Diamond Member Vanash Naick's Avatar
    Join Date
    Sep 2011
    Location
    lenasia
    Posts
    3,315
    Thanks
    853
    Thanked 697 Times in 609 Posts
    Blog Entries
    3
    Quote Originally Posted by HR Solutions View Post
    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
    LLB(UNISA), N.Dip(TWR)
    vanash.naick@gmail.com
    Services: Fire-Arm licence Motivation letters, Labour Law Consulting, drafting of professional legal and business contracts and conducting case-law research for attorneys
    Everything is awesome

  10. #9
    Silver Member Greig Whitton's Avatar
    Join Date
    Mar 2014
    Location
    Cape Town
    Posts
    335
    Thanks
    33
    Thanked 103 Times in 85 Posts
    Quote Originally Posted by Vanash Naick View Post
    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 Evergrow - Helping South African business owners grow their business without the growing pains

  11. Thank given for this post:

    Blurock (01-Jun-17), Vanash Naick (01-Jun-17)

  12. #10
    Diamond Member Vanash Naick's Avatar
    Join Date
    Sep 2011
    Location
    lenasia
    Posts
    3,315
    Thanks
    853
    Thanked 697 Times in 609 Posts
    Blog Entries
    3
    Hi Greig,

    I respect and accept him nonetheless
    LLB(UNISA), N.Dip(TWR)
    vanash.naick@gmail.com
    Services: Fire-Arm licence Motivation letters, Labour Law Consulting, drafting of professional legal and business contracts and conducting case-law research for attorneys
    Everything is awesome

Page 1 of 2 12 LastLast

Similar Threads

  1. deposit money after renting a house
    By saresa in forum General Business Forum
    Replies: 8
    Last Post: 27-Jun-13, 12:50 PM
  2. RENTING TO BUY.
    By cejay in forum General Business Forum
    Replies: 6
    Last Post: 14-Jul-12, 07:16 AM
  3. Tax on interest used for renting
    By TanyaK in forum Tax Forum
    Replies: 4
    Last Post: 24-Feb-09, 02:59 PM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •