What are my rights as a new tenant




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  1. #1
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    Default What are my rights as a new tenant

    I sold my house and am renting a house in the
    WC.
    Previous renter had lives here for 9 years with no maintenance done inside.
    During our second week we endured 4 days of continuous maintenance with dirt and dust.
    Now the landlord wants to chop out one window and replace it due to some wood rot. Also wants the geyser relocated to the outside.

    Please, we have had enough! Can someone please advise me of my rights?

    Surely these items constitute renovations and not repairs?
    Last edited by Chuckzoo; 2018/12/07 at 05:54 PM.
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    Default Re: What are my rights as a new tenant

    Replacing ALL the windows took us ONE day. Got AngloWindows in to do it.

    Moving a geyser is quick.... it may start taking time if they want to replace pipes in walls ....


    YES, it certainly is an inconvenience. But surely a LOT better than a landlord that dont take care of the place ....


    That said .... after nine years of no maintenance ... how much else must be renovated ?



    We bought a house in March that had not been maintained for 10 years .... took a good few weeks of team after team to get the house sorted properly. YES, I knew what I was getting into, and the price made provision for the repairs. But make not mistake, it is one mamoth task to do it all in one go !!

    Maybe have a friendly chat with the landlord. THANK him for the improvements and renovations. Ask how long this will carry on .... worst case move into a B&B for a few days and let them fix it properly ....



    PS - at least we fixed up our place before advertising it .... yes, I lost one months rent, but avoided this very situation ....

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    Default What are my rights as a new tenant

    Start here. There are more where this comes from.

    https://www.privateproperty.co.za/ad...bligations/559
    Last edited by Mogster; 2018/12/07 at 07:26 PM.

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    Default Re: What are my rights as a new tenant

    Thanks guys. I have browsed through what I have been able to gleen online, but nothing seems to. Address the landlord renovating the house at our inconvenience. They have. A handyman doing the work which is very sloppy and extremely unprofessional. Some or the repairs I could do. A better job at myself. Anyone know of a place somewhere in the Robertson valley for rent perhaps?
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    Default Re: What are my rights as a new tenant

    Read your lease agreement. Unless there is anything contrary to law, that should detail your rights.
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    Default Re: What are my rights as a new tenant

    Quote Originally Posted by Estee View Post
    Read your lease agreement. Unless there is anything contrary to law, that should detail your rights.
    States reasonable access to do repairs.

    The second week they were here for 4 days. Left a mess for us to clean up. The handyman doesn't have much in the line of tools, was using our stuff to do his work.
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    Default Re: What are my rights as a new tenant

    Quote Originally Posted by Chuckzoo View Post
    States reasonable access to do repairs.

    The second week they were here for 4 days. Left a mess for us to clean up. The handyman doesn't have much in the line of tools, was using our stuff to do his work.
    So the questionable points are the definition of ''reasonable'' and ''repairs''.
    There is no such thing as inclement weather, only poor selection of clothing.... or Vehicle

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    Default Re: What are my rights as a new tenant

    Quote Originally Posted by Estee View Post
    So the questionable points are the definition of ''reasonable'' and ''repairs''.
    Yes.
    I would have to argue that chopping out brick to replace a window constitutes renovation.
    We have not even managed to unpack. Everything is covered in dust.
    I feel it is very unfair to say the least.

    The owner has had the benefit of rent without making repairs and now wants to do everything at our inconvenience.
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    Default Re: What are my rights as a new tenant

    Quote Originally Posted by Chuckzoo View Post
    Yes.
    I would have to argue that chopping out brick to replace a window constitutes renovation.
    We have not even managed to unpack. Everything is covered in dust.
    I feel it is very unfair to say the least.

    The owner has had the benefit of rent without making repairs and now wants to do everything at our inconvenience.
    Bona fide p### move, the owner obviously knew the repairs were needed and should have held back renting for a month to facilitate the renovations but rather was greedy and now makes you guys forfeit by not being able to fully utilise what you have paid for.

    I would classify the work being done as renovations, repairs to my mind in terms of the lease agreement wording is fixing something the breaks down after the lease is signed, ie you enter into the lease assuming the property is all in good order and subsequent to moving in the geyser fails, window falls out of its frame etc.

    The work you have outlined shows the owner knew the property was not in good order prior to leasing it, knew the work would need to be done, and now wants to prejudice you at his benefit.

    I'd expect half rent for the month if its bearable or he must cover the cost of a Bnb for 2 weeks while they complete the renovations or something similar. Be wary though, leaving your belongings in the house with builders is dodgy, everything must be locked in a secure area or there will probably be theft.

    I've known of skates like your landlord, they know what they are doing, and they know that they have you in a bind, be firm and don't budge they typically will make an allowance for the screwup as long as you hold to your guns. If the guy wants play tough just don't allow the workers access to the property till its resolved.

    And do not lend anyone tools or assistance hence forth, not your baby that the owner is a cheapskate so don't get involved, that maybe was mistake number one.
    Last edited by Skylark; 2018/12/08 at 01:45 PM.

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  12. #10
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    Default Re: What are my rights as a new tenant

    Quote Originally Posted by Skylark View Post
    Bona fide p### move, the owner obviously knew the repairs were needed and should have held back renting for a month to facilitate the renovations but rather was greedy and now makes you guys forfeit by not being able to fully utilise what you have paid for.

    I would classify the work being done as renovations, repairs to my mind in terms of the lease agreement wording is fixing something the breaks down after the lease is signed, ie you enter into the lease assuming the property is all in good order and subsequent to moving in the geyser fails, window falls out of its frame etc.

    The work you have outlined shows the owner knew the property was not in good order prior to leasing it, knew the work would need to be done, and now wants to prejudice you at his benefit.

    I'd expect half rent for the month if its bearable or he must cover the cost of a Bnb for 2 weeks while they complete the renovations or something similar. Be wary though, leaving your belongings in the house with builders is dodgy, everything must be locked in a secure area or there will probably be theft.

    I've known of skates like your landlord, they know what they are doing, and they know that they have you in a bind, be firm and don't budge they typically will make an allowance for the screwup as long as you hold to your guns. If the guy wants play tough just don't allow the workers access to the property till its resolved.

    And do not lend anyone tools or assistance hence forth, not your baby that the owner is a cheapskate so don't get involved, that maybe was mistake number one.
    Thanks.
    Yes, I believe the owner must have known of the condition of the property, how do you not keep tabs on that, while having the income.
    Thank you for your suggestions, much appreciated.
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    Default Re: What are my rights as a new tenant

    Quote Originally Posted by Chuckzoo View Post
    Thanks.
    Yes, I believe the owner must have known of the condition of the property, how do you not keep tabs on that, while having the income.
    Thank you for your suggestions, much appreciated.
    Let us know how it goes, just whatever you do be firm but dont loose your cool with the guy, those kind of people typically love playing the drama.

    He'll probably also make ridiculous claims to try get you off balance, just always come back to the facts, the guy is doing renovations that should have been done prior to renting the property out, that results in you not being able to utilise and enjoy what you are paying for, he must come to the party to remedy that, ie reduced rent or whatever a sufficient remedy is.

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    Default Re: What are my rights as a new tenant

    Quote Originally Posted by Skylark View Post
    Let us know how it goes, just whatever you do be firm but dont loose your cool with the guy, those kind of people typically love playing the drama.

    He'll probably also make ridiculous claims to try get you off balance, just always come back to the facts, the guy is doing renovations that should have been done prior to renting the property out, that results in you not being able to utilise and enjoy what you are paying for, he must come to the party to remedy that, ie reduced rent or whatever a sufficient remedy is.
    I got a qualified plumber in today. He changed the pressure release valve. Hopefully that will stop the water dripping from the ceiling. I also secured the window they wanted to chop out. Not sure this will deter the incessant requests for access but it's worth trying. I believe one of the tenants rights is a right to privacy and quiet enjoyment, neither of which we have had since the beginning.
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    Default Re: What are my rights as a new tenant

    Definitely, who wants a noisy mess going on in your home, especially just after having moved in.

    The mindset of this type of landlord is he wants to squeeze as much income as possible out of the property regardless, spend the least on maintenance - hire useless cretins to do work(typical greedy shortsighted landlord behaviour), rent the property before it's ready for occupation, save on not having it empty for a few weeks/month.

    But in that same token he no doubt knows he's being a kn#b/taking a chance so if push comes to shove if you approach him with a good firm argument he'll probably relent. I'm a good tenant, I look after the properties I stay in and don't mind chipping in and doing some basic maintenance but the disruptions from these renovations is not in order, seeing you should have completed this work before taking on a new tenant this first month's rent is a score for you, hence we need to meet halfway on the rent or whatever is suitable considering the situation.

    That's if you are up for the fight, sometimes it's better to roll with punches and know for next time, also depends on how long you are planning on staying there, if long term its good to let the guy know early on you aren't a push over and he needs to wise up.

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