24 Jan 2013
A Property24 reader asks:
I have a house in the northern suburbs of Johannesburg for which a well-renowned agency found me a tenant. Unfortunately the tenant took 10 Nigerians for the house who were then operating a drugs laboratory and caused damage estimated at R300 000.
Would I have recourse to the agent?
Marlon Shevelew, specialist rental and eviction attorney at Cape-based legal firm Marlon Shevelew and Associates replies:
Depending on the action of the rental agent there could very well be claim in delict (damages).
Rental agents have a duty to screen tenants and protect their landlord by placing suitable tenants in terms of Common law, Contractual law and in this instance Consumer Protection law, more particularly section 54 of the Consumer Protection Act (CPA) which clearly sets out the services that a Landlord (a consumer) is entitled to expect of a Rental Agent (a supplier).
It would be necessary, however, to establish a direct link between the actions or inaction of the Rental Agent and the damages that were caused to the premises. This would take some investigation.
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Marlon ShevelewMarlon Shevelew is the Director of Marlon Shevelew and Associates Inc., a Cape Town Law firm, specialising in Rental Property, Contractual, Consumer and Company law. Mr Shevelew is a National Legal Advisor and/or presenter of rental property seminars with the Institute of Estate Agents (IEASA), Tenant Profile Network (TPN), PAYPROP, the University of Cape Town (UCT) and is a monthly guest expert on the “Law Report” on SAfm. Mr Shevelew also created the unique Rental Retainer Club which offers affordable legal fees to clients.
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