When Lungile Pheko left her four-bedroom house, for which she has a mortgage, for a cheaper rented house in 2019, she thought she was cutting costs for her family of six.
She didn’t know that a year later she’d be fighting to get her R8,000 deposit from her estate agent, a battle that would last more than two years.
For Pheko to rent out her home to a Chinese company made sense as she was struggling to pay the R13,000 bond. With the help of her daughter Lerato Tshabalala, 36, Pheko moved into a three-bedroom house in Nigel, Ekurhuleni, where she was paying R8,000 rent. The lease was set to end in January 2020
“It was a comfortable house for all six of us. The landlord was also very accommodating and understanding. The problem started when we wanted to vacate after the lease expired. We had notified the property owner and the agent, Suzette Venter, that we won’t be renewing the lease,” Tshabalala told Sowetan Consumer last week.
She said Venter started giving them the run-around when they inquired about their overdue rental deposit.
“At one stage Venter told us that they have moved office and then on another occasion she told my mother that they are working from home. It was difficult to get hold of her. The landlord decided to allow us to stay while we waited for the deposit. The property owner also tried to get hold of Venter and even told her that we did not owe her (the owner) anything,” said Tshabalala.
In March this year Venter sent an email to the tenants saying that they would not receive their deposit because “we are unable to establish it you have in fact moved out as we have been prevented from doing final inspections of the property by the lessor”, read her email. Venter also said they were unable to establish whether there were any outstanding utility bills.
“It is usual to wait for the final reading on vacating the premises and deducting this to be paid to the lessor for utilities used from the deposit. Therefore until we have clarity you have vacated the premises, we will not be able to pay the deposit back.”
However, the landlord poured cold water to Venter’s claims when she sent her a scathing email in April instructing her to pay what was due to the Pheko family.
“Firstly you were informed on time that they are moving out when their contract expires… The date for final inspection was arranged with your office and unfortunately that didn’t happen.
“I did my final inspection and sent back the report including rates and taxes statements. They were sent again after a month as proof that everything was settled… I’m surprised that the family has not received their deposit to date. Give the Pheko family what is due to them with all the interest,” wrote the landlord.
When called for comment, Venter said the matter was between her and the tenant. “I don’t see why I should speak with you about this. I can’t discuss this issue with you, we are handling it. Anyway, they (Pheko family) refused to move out and there is no proof that they have moved,” said Venter.
The family moved back to their house this year after their lease with the company that had been renting it expired.
They said they will approach the Gauteng Rental Housing Tribunal for intervention.
Practical tips for tenants and landlords
Tips for tenants
- Create a master file for your lease agreement, the form of communication and correspondence with your landlady/landlord, receipts, rent statements and joint entry inspection checklists.
- Establish upfront whether rent is inclusive of municipal services.
- Your deposit should be kept in an interest-bearing account held by a financial institution and tenants have a right to request a statement of the interest earned on the money at any time during their tenancy. The deposit and its interest should be paid out to the tenant when the lease agreement expires.
- Use tribunal information offices situated in different municipal offices across Gauteng for advice.
Tips for landlords
- Act immediately once a tenant fails to pay rent by approaching the tribunal for an order instead of resorting to self-help mechanisms that are unlawful.
- Issue receipts as proof of payment of rent.
- Keep a record of municipal statements.
The Gauteng Rental Housing Tribunal can be reached at 011-630-5035 or at betty.kgobe@gauteng.gov.za, zain.mclaren@gauteng.gov.za or keletso.makeng@gauteng.gov.za
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