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policing rental agents
We are having trouble with rental agents who are not properly vetting tenants before entering into leases so we have asked to see the leases to see that they are properly executed and include promises to follow the conduct rules of the complex. We have found that many of the agents are not properly concluding the leases and many will not let us see the leases saying they are private. What can we do to protect the quality of the complex as well as the tenants?
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RE: policing rental agents
Hi
The rental agent represents the interests of his client, i.e. the owner of the section being leased, and is not answerable to the BC but to the owner. The BC has no right to access the lease between an owner and his tenant as the BC is NOT a party to the lease. Any problems with tenants should be addressed directly to the owner who is responsible for his tenants' actions i.t.o. of the STA and Rules. The BC also does not have the right to vet tenants as this imposes on an owner's rights to his property.
The owner however has to comply with the Rental Housing Act as far as the terms of the lease are concerned and this includes making the Rules of the scheme a part of the lease.
RE: RE: policing rental agents
Owners are obliged in terms of section 5(8) of the Rental Housing Act to attach a copy of the BC's Conduct Rules as an annexure to the lease. The tenants are by virtue of their lease bound by the aforementioned. Note also that “it shall be the duty of the owner to ensure compliance with the rules by his lessee or occupant” (PMR 69).
RE: RE: RE: policing rental agents
Section 5(8) of the Rental Housing Act does not refer to Conduct Rules but House Rules. There is no provision for House Rules in the Sectional Titles Act. PMR 69 may not enforceable against an owner except to stop him from voting for or against an ordinary resolution at a general meeting which he is not mandated to attend anyway. In my view this is a "toothless" penalty.
RE: RE: RE: RE: policing rental agents
Under Section 1 (Definitions) of the Rental Housing Act - "House Rules means the rules in relation to the control, management, administration, use and enjoyment of the rental housing property".
This means that any PM and Conduct Rules apply to and are binding on any lessee of a sectional title property in terms of PMR 69. As such a copy must be appended to the lease agreement.
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