I have a tenant in a granny flat adjacent to the main dwelling on my property who has been retrenched and says he can no longer afford the rental. After his retrenchment, the tenant asked me to release him from the lease and suggested that his deposit be used in lieu of the last month's rental. As my daughter is moving back home and possibly available to take over the flat, I agreed and … [Read more...]
No obligation to refund part of tenant’s deposit
A reader who rents out a granny flat wants to know if he is obliged to refund the tenant part of his deposit after he was retrenched and could no longer afford the rental. … [Read more...]
Should we apply for a bond to renovate property?
My parents want to give me and my husband a property which does not have a bond. We intend to reside in the property in future and I would like to know whether we should take out a bond to fund renovations. Can you advise me on the best way to handle this situation? Thank you, Bonding a Property See what the experts have to say. … [Read more...]
Bonding third-party property to fund renovations
A reader wants to know whether she and her husband should take out a bond to fund renovations to a fixed property her parents want to give to them. … [Read more...]
Procedure to evict tenant after verbal abuse
Our reader, who has allowed his daughter and her two children to move into a wendy house on his property, wants to know whether a formal process must be followed to have them evicted. … [Read more...]
How do I evict tenant after verbal abuse?
My daughter and her two children moved into a wendy house on my property after she was separated from her husband. However, I have suffered verbal abuse by her and I would like her to vacate the property without delay. There is no formal lease in place and the daughter contributes a nominal amount to the utilities payable in respect of the property. The problem is that she refuses to move … [Read more...]
How long is occupational rent payable?
Having sold a fixed property, I would like to know if occupational rent is payable until the date of cancellation of the bond or until the date of registration of transfer. The conveyancer who handled the transaction only calculated and levied occupational rental on the property until the date of cancellation of the bond and I question whether that is correct. It was a private transaction … [Read more...]
Transfer of ownership ends obligation to pay occupational rent
A reader who sold a fixed property wants to know if occupational rent is payable until the date of cancellation of the bond or until the date of registration of transfer. … [Read more...]
Difference between a usufruct and lease
A reader wants to know what the difference is between a usufruct and a lease development agreement, as well as what the positives and negatives are in respect of each concept. … [Read more...]
How does a usufruct differ from a lease?
Can you advise me what the difference is between a usufruct and a lease development agreement? Besides that, I would like to know what the pros and cons are in terms of each concept. Thank you, Clarifying Concepts See what the experts have to say. … [Read more...]
How do we sell half share of co-owned property?
I and my sibling inherited a half share in a property belonging to my late father, with his spouse owning the other half. My father was married in community of property and the property he owned was paid off. We would like to sell the property, but my father's wife does not wish to sell and she does not have the money to purchase our half. What are my options to dispose of the property in … [Read more...]
Selling half share of co-owned property
A reader wants to know what can be done to sell a property in which she and her sibling inherited a half share, while her late father's spouse owns the other half. … [Read more...]
How to inherit fixed property without a will
A reader whose father is suffering from dementia wants to know how he should go about transferring his dad's fixed property into his name. … [Read more...]
Inheriting property without a will
My father, who is suffering from dementia, has a property in his name, which has been paid off. He does not have a will and I would like to know what my options are in terms of transferring the property into my name. Furthermore, what are the implications should he pass away with the house still in his name? Thank you, Property Dilemma See what the experts have to say. … [Read more...]
Tenant wants his pre-emptive right recognised
After finding out that his landlord wants to sell the property he has been renting for several months, a reader wants to know how he can give effect to a right he has to purchase the premises. … [Read more...]
Exercising pre-emptive right
I am renting a property on which I have a pre-emptive right and I would like to know how I can exercise that clause after finding out that my landlord wants to sell the property. Because I liked the premises so much, I added a clause in the initial agreement whereby I am entitled to purchase the property if the landlord decides to sell during the currency of the lease. Apparently, a … [Read more...]
Certified letter can be valid will
A reader whose niece has apparently inherited a property after her aunt left it to her in what he calls a "certified letter" or "affidavit" wants to know how the niece should go about transferring it into her name. … [Read more...]
Is certified letter a valid will?
My niece has had a property left to her by her aunt, with the conditions of the inheritance contained in a certified letter. The aunt, who died recently, had no children and the letter says the property should be transferred to her niece. Can you advise if this document is a valid will and how my niece can go about transferring the property into her name? Thank you, Valid Will … [Read more...]
