I WANT MY DEPOSIT BOARDWALK HEIGHTS UNIT 360 Tenant Ms LM Ncube

Item: Central Developments
Rating: 1
Author: Langa Mïțčhěł

I'm still waiting for my refund from the end of November. I gave you guys more than the 20 business days required by the law. I'm not taking this lying down. I give you guys 14 days from date to remedy the situation. Pay my money or meet me in court.

If you have confusion regarding Section 14 of the CPA- See below

As per Section 14(2) of the CPA (Consumer Protection Act), the Tenant may give the Landlord (or Rental Agency if renting through an Agency) 20 business days' written notice.

As per law, we gave the correct notice period for cancellation of our contract. Therefore we are not liable for the cancellation fees stated in the contract/your e-mail response. No contract can supercede the law.

In terms of Section 14(2) of the CPA, we may not be charged an arbitrary cancellation penalty. Only provable and actual costs incurred may be charged. Thus making the cancellation costs mentioned, ******* in terms of above.

In terms of the Rental Housing Act, the landlord had to place our deposit into an interest-bearing account. According to the RHA, the landlord has to refund the tenant the remainder of the deposit, if any deductions were made (including the interest) by no later than 14 days after vacating the premises.

Kind regards, Ms LM Ncube

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Replies (1)

Central Developments's replyOfficial

02 Aug 2021, 09:34

Good day Langa

Thank you for your review.

In our previous correspondence, we have informed you that due to early termination, the deposit is not refundable as per Section twenty-one in your signed lease agreement. This clause indicates what the penalty entails.

Please refer to clause fourteen point three, a, and b of the CPA.

Upon cancellation of a consumer agreement as contemplated in subsection one b.

(a) the consumer remains liable to the supplier for any amounts owed to the supplier in terms of that agreement up to the date of cancellation; and the supplier-

(i) may impose a reasonable cancellation penalty with respect to any goods supp****, services provided, or discount granted, to the consumer in contemplation of the agreement enduring for its intended fixed term, if any.

When you submitted your notice to vacate, you have been informed verbally and in writing, that this is a breach of contract as your lease only expires at the end of August 2021.

It was also clearly indicated that a penalty will be applicable.

You had an opportunity to revoke your notice, it was your informed decision to move out regardless.

Please note that you have signed a contract, therefore you are bound by the terms and conditions therein, by law.

The deposit is not refundable, and our decision in this matter is final.

Regards,

Management.

Central Developments's reply02 Aug 2021, 09:34

Official