Although the Rental Property Law industry is worth R5 billion a year, South African rental property agents are often still not properly skilled enough to handle the legal practical implications of leasing property and dealing with tenants.
The Consumer Protection Act (CPA), which came to law in 2011, has added to the stress of dealing with legal issues. At the same time, the industry is beset with people who try and educate rental agents without actually having the practical knowledge of what goes on in the lifecycle of the lease.
Rental property law expert and director at Marlon Shevelew and Associates Inc, Marlon Shevelew, says the leasing of property is often a lengthy process which includes, but is not limited to, procuring and vetting a tenant, negotiation of the lease agreement, procuring the deposit or guarantee, or insurance product and the managing of the premises for the landlord.
For example, he explains that when a rental agent finds the right tenant for the property and all tenant checks have been done, a lease agreement is then signed by both parties. Lease agreements will include, among other things, what the tenant and landlord duties are, when rent should be paid by and how much, and the lease period and notice period to either renew or cancel the lease when it finally expires.
Regretfully, with the CPA, Electronic Communications and Transactions Act and most recently the proposed Rental Housing Amendment bill, rental agents need to continually be updated and made aware of the changes in the legislation and its impact on landlords, tenants and themselves.
Mandates, leases and landlord-tenant disputes are interpreted and adjudicated upon either at tribunals or in courts of law and, invariably, these legal forums are not always consistent in their decisions.
Shevelew, who has practised in various areas of law for 15 years, remains passionate about rental property law and has established himself at the forefront of the rental property industry.
Shevelew says as a result of extensive seminars countrywide for the biggest property institutions in the country, the numerous residential evictions obtained and the incalculable judgments for arrear rentals and damages incurred, it seemed logical and necessary to create something unique for rental agents and landlords countrywide known as the Rental Retainer Club.
By joining the Rental Retainer Club, rental agents have access to rental property law advice from Marlon Shevelew as and when required.
The benefits of the Rental Retainer Club are:
1. Members get a direct response from Shevelew regarding any rental property related issues for an hour every month - these responses are approximately four to five responses a month.
Each response is personal, practical and current with intellectual property of a litigating rental property attorney, not just an academic.
2. Members are afforded an opportunity to empower themselves, colleagues and landlords with the latest rental property news and legislative changes.
He says his law firm was acknowledged no less than six times as the Top Rental Property Law firm in South Africa in 2014 and he is regularly briefed by property companies to challenge and provide public comments to the Minister of Human Settlements and the Department of Trade and Industry on any rental property law related aspects and the Consumer Protection Act.
3. Get an exclusive monthly newsletter with Q and A type articles on issues relevant to the rental property industry.
These articles are prepared by Shevelew and are based on current issues or facts from a recent case argued or a judgment by the court or tribunal.
4. Get an introduction to rental property products that Shevelew endorses because of the benefit they might have on your rental property portfolio.
5. Get exposure of both agent and agency on the Rental Retainer Club’s dedicated Facebook page, which provides a further platform to interact with and learn from others.
6. Members will be considered as part of a preferred list of agents/agencies that Shevelew can recommend to his numerous landlord clients.
7. Receive a discounted fee list for evictions and rental collection work that the agent or agency can pass onto their landlord clients.
Shevelew says this service is available countrywide due to their network of vetted rental property attorneys who will act on their instruction.
8. Increase your expertise for a monthly investment of R350 plus vat per month. This investment can be terminated on a month’s notice at any time.
For more information, email or call 021 425 7069.