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Protect my tenant

By I Lloyd on Mon, 05 Mar 2012 at 10:26

Hi there,

I recently got a letter from the lawyer of the Body Corporate stating that I need to give my tenant notice or they will get an eviction order from High Court. Apparently she makes their lives living hell and there is allegations of attacks on kids. No proof however and she does have witnesses on what really happened. I have had previous issues with the chairman as he targets my tenants - I lost 3 already because of this.

I am not prepared to let her go - she has been renting for more than 5 years now and rent is always on time and she looks after the place as if it is her own. She also works at a school where the owner is well known in Education circles and is prepared to give evidance that she can work with children despite the so called alligations.

To me this is more an attach of personal nature and should be solved that way but the chairman manupilates the rest of the owners and then he runs to lawyers.

Is there not a way that I can at least protect my tenant against the eviction and do I have any grounds to fight this? It is now a loyalty thing - she has never ever given me any problems and I need to treat her the same way.

Please - any advice can help?

Thanks so much

Worried landlord

Replies

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RE: Protect my tenant

Peter Vickery replied on Mon, 05 Mar 2012 at 16:57

Loyalty has nothing to do with it. If she's causing problems for the Body Corp. then it's up to you, as the owner, to find out what the problem is and bring her into line.
Community living requires compromises from all - more especially tenants as they are normally short term residents and often pay little regard for common property and their neighbours.
Also - remember you don't live there, but other owners do, and they also have their rights.

Regards...Show More

RE: RE: Protect my tenant

Gerhard Bezuidenhout replied on Tue, 06 Mar 2012 at 16:16

Hi, Peter
Each case has 3 angles: the landlord's view, the tenant's view and the facts.
While having regard for your opinion, I have the impression that Bodies Corporate are much too quick to pick on the owner who holds the section as an investment: "You do not live here, we have to cope with your tenant" all too easy is accepted as the standard accusation when the owner steps in. The challenge here is to establish if the trustees considered the matter based on a written complaint before giving instructions to their lawyer.
Based on the specific description and with the awarenes that serious confrontation is at hand, it will soon dawn on everyone who is at fault once the trustees have been questioned on their instruction to seek eviction.

RE: Protect my tenant

Gerhard Bezuidenhout replied on Mon, 05 Mar 2012 at 17:02

Mmmmm - "they" jump from a height which cause dizziness. Immediately request an inspection of the trustees' minutes and seek for the resolution which results in this letter to you.
As an owner you have the right to inspect the minutes PMR34(3).
This info will assist you to decide if the trustees are reasonable in their duties or even if there were no such resolution taken and the chairman issued this instruction of his own accord.
If you think you have a good case, fight back!

RE: Protect my tenant

Peter Vickery replied on Tue, 06 Mar 2012 at 16:50

Hi Gerhard - whilst I respect your opinion, I have been doing this for more years than I care to remember and can't recall a single incident when the tenant wasn't at fault.
On a number of occasions, we've had to call the SAPS, we've had people traffickers, drug dealers and addicts, alcoholics, petty thieves, innumerable parking offences, and the ongoing problem of people being simply unable to bag their refuse before placing it in the bins and/or remove their bin to the road for refuse collection. Through all of this we've never had any of these problems with an owner - always tenants and (with a few exceptions) little, if any co-operation from the owners, when these matters are brought to their attention....... their attitude is that it's for the trustees to sort out!
As a consequence, we amended our rules to allow for fines and whist we still have to put up with occasional delinquent, at least the Body Corp. benefits financially.
One must also bear in mind that both the Act and the Rules make it clear that the owner is responsible for his/her tenants behaviour and compliance with the rules.

Regards...Show More

RE: Protect my tenant

I Lloyd replied on Wed, 07 Mar 2012 at 07:38

Hi there,

You are so kind - thanks so much for the replies. I really appreciate it.
I have appointed a lawyer to investigate the issues and allegations and get the minutes of meetings held as I have had numerous problems with the chairman before and he will not rest until my unit is vacant and no one occupies. Believe me he would also have a problem if I sell the unit.
The tenant has indicated that she is interested to buy - so fun and games!
I will update you on the outcome of this!...Show More

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