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.
Readers may submit questions to Property24’s Guest Expert panel and/or comment below. We may not be able to answer all questions received, but all will be considered.
About the Author
Industrial Property for sale in Kya Sands R 1 306 280
Industrial Property for sale in Kya Sands R 1 224 000
House for sale in Cosmo City R 884 000
House for sale in Cosmo City R 859 000
House for sale in Cosmo City R 746 000
House for sale in Cosmo City R 642 000
House for sale in Cosmo City R 603 000
House for sale in Sebokeng Zone 7 R 335 000
Industrial Property for sale in Centurion R 5 406 700
House for sale in Zevendal R 3 950 000
If you are using Internet Explorer 8 or higher, please verify that your Internet Explorer compatibility view settings are not enabled.
For the best browsing experience update to the latest Version of Internet Explorer or try out Google Chrome or Mozilla Firefox.
Please contact our Customer Service Centre for further assistance. Tel. +27 (0)861 111 724