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Chair Person abuses her authority
I am renting a unit from a rental agency(MidCity), a block of flats, which is part of a sectional title scheme. Firstly, I do not know who the owner is of the unit that I am renting, as MidCity refuses to give me that information. The block has 5 trustees. It so happens that the Chairperson of the trustees lives in the flat adjacent to mine. Everytime my wife and I have an argument or if my 4 year old son throws a tantrum, the Chairperson knocks vigourously on my kitchen window. About a week and a half ago, my wife and I had a bit of a load argument. During the argument, the Chairperson knocked on my door, she demanded that we keep the noise down and she also added that this was the final straw and that we shall receive a letter soon. Two days later we received a letter from MidCity, delivered by hand, informing us that the rental agreement has been cancelled and that we must vacate the unit end of August 2010. I phoned MidCity the next morning, the woman I spoke to, informed me that they received a letter of complaint from the Chairperson. In the letter, the Chairperson instructed them to cancel the lease agreement. I was furious, because the rental agreement is between myself and MidCity; not between myself and the Body Corporate. I tried to reason with MidCity but they refused to listen to me. According to them, they are acting on the instructions received from the Chairperson. We MUST move out end August, that is final. Something is terribly wrong here!! I am thinking about lodging a complaint against MidCity and the Body Corporate with the Housing Tribunal. Since when does the Chairperson have the power to cancel a lease agreement between a tenant and a rental agency? When did the law change? I can not afford an attorney. Please advise me what steps I can take against MidCity and the Body Corporate?
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RE: Chair Person abuses her authority
1. Read your rental agreement carefully.
2. Did you receive Conduct Rules when you entered into the lease agreement?
3. Have you violated any rule/s pertaining to noise, nuisance or disturbance?
4. See the Housing Rental Tribunal as soon as possible, with your lease and all associated documents
5. You may/may not find that you've violated the rental agreement, in which case it does not constitute an "unfair practice" to have terminated your lease (visit Acts Online at http://www.acts.co.za/rental_housing/index.htm. for more information about definitions and conditios).
RE: RE: Chair Person abuses her authority
I also think Marais should see the Housing Rental Tribunal.
RE: Chair Person abuses her authority
I studied the rental agreement as well as the House Rules carefully the same afternoon that I received the letter from MidCity. I did not violate any rules contained in either document. In fact MidCity stated that they do not have a problem with me because I pay my rent on time every month, but they must carry out the instructions received from the Chairperson. The House Rules states that no-one is allowed to make a noise before 07:00 and after 22h00. Our argument was at about 19:30. I also telephoned the Managing Agent for the Body Corporate, who is ProAdmin. According to them, both the Chairperson and MidCity acted unethically and the Chairperson certainly does not have the authority to cancel a lease agreement between a tenant and a rental agency as the rental agreement is between said tenant and rental agency. According to ProAdmin, the correct procedure in matters like these, would be that I receive a letter of demand from the Trustees. After the 3rd letter of demand I will be called to appear before a disciplinary hearing and when found guilty to pay a fine of R250-00. I have never received a letter of demand, not one, not two and certainly not three. MidCity's letter also stated that they would change the locks should I not vacate the unit on 1 Sep 2010. This is unlawful, because as you know the law states that the locks can only be changed due to wear and tear or if MidCity applies for a court order from the relevant court to evict a tenant. I think that this situation is a good example of unlawful practice by both MidCity and the Chairperson.
RE: Chair Person abuses her authority
follow
I have taken part in the following Paddocks courses:
- UCT Sectional Title Scheme Management Course - 2007 06
- Paddocks HOA Management Course - 2010 02
RE: Chair Person abuses her authority
Check out
http://psychsoma.co.za/sectional_title_living/music/
RE: Chair Person abuses her authority
Your rental agency cannot act one-sided and they have to state reasons for terminating the rental agreement. Nowadays you have more rights than is contained in some agreements.
For one: any disturbance, as it seems in your instance, requires a (written) warning before such drastic action.
Most probably the agency has a mandate to act on behalf of the owner, who may (just might) be the Chairperson....Show More
It is not uncommon that an owner keeps distance from a tenant. Under these circumstances you will be able to direct your defences to the rental agency. Look at the contract again to identify who exactly is the lessee or representative of the lessee.
The BC is most definately not a party to the rental agreement, but the rules apply and the BC must exercise his rights by addressing the owner concerned.
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