SB
Shai B

1 reviews | Active since Jul 2020

18 Sept 2020, 15:13

E&V Potchefstroom: Failure to Uphold Terms of their Contract

I signed a rental contract with E&V in 2017 as a landlord. The contract stipulates a 10% annual increase. In 2018, the agent Salome offered the tenant a 3% increase in an addendum and had the tenant sign it. This without my knowledge or approval. When I enquired as to why this was done, her response was that it was a tough market and she made the decision. I decided not to pursue the matter but made it known I was not happy and asked that the tenant be informed that the following year the contractual increase would apply. In 2019, to prevent any misunderstandings I sent an email to the agent Salome in anticipation of the upcoming renewal and reminded them that I would not accept another 3% increase. However I also knew that people were going through rough times so I would be happy with 6%. Salome confirmed receipt of my mail and WhatsApp msg. On renewal of the contract, the tenant was offered 3% again which she of course signed. I refused to sign the addendum and Salome went back to the tenant who decided to leave the property. I had only good experiences with the tenant and closer to the time of moving we were exchanging pleasantries and the rental came up. I offered her to stay - it was during the lockdown, and she had just had a new baby. I went back to E&V told them that the tenant would stay, I would collect the rent amount I agreed on and the balance would come out of the agents commission as she failed to rectify her mistake. They agreed.

In August 2020 the tenant reported that she had broken one of the doors as it had jammed. She confirmed that the door lock was giving them trouble but she failed to report it. The entire door needed to be replaced. Salome - without any referral to the conditions of rental contract decided we should split the bill. She said “it’s just my opinion”. I then asked her to please read our contract or consult with E&V legal department as I would prefer a clear-cut answer rather than subjective opinion - this was not done. I had to consult with a lawyer at my own cost who pointed out that the contract holds the tenant liable to report issues as soon as they arise to allow me to fix it. Also the damage now being considerably more could have been prevented had they reported the issue. The tenant then responded that she would cover the cost and Salome agreed. A few weeks later the tenants husband decides they should not have paid - Salome gives no feedback as to why. Again, I have to manage the situation - I send him the contract, mention the clauses the incident applies to and also explain it to him. Salome is silent but suggest a routine inspection as the husband now provides a list of things they require fixed - specifically the stove. Again I refer to the contract where the Lessees liability in terms on maintenance to fix property specifically mention the stove. Again - no input, feedback or direction from Salome despite prompting from both myself and the tenant. In the meantime, I agree that maintenance work will be done per the report and again ask Salome to confirm what she would like me to cover. Her response is that I should get a quote and she will make her decision from here. I challenge what the cost has to do with liability defined by the contract - no response. In all of this, Salome also confirms that the tenant has 3 adults and 2 children living in the apartment (the contract states a maximum of 3) but she doesn’t see a problem with this.

What is clear is that the agent Salome is in over her head. She lacks the knowledge or training required to perform her job effectively. I have even tried cc’ing the manager of the Potchefstroom office in my emails but she prefers to remain silent too. However they are more than happy to collect their monthly fee

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Replies (5)
Engel & Volkers
Engel & Volkers's reply18 Sept 2020, 17:00
Official
Good day 

We will take this up with our Potchefstroom office and revert back as soon as possible.

Thank you
E&V Southern Africa Head Office
SB
Shai B's update18 Sept 2020, 18:01
Reviewer Update
Thank you, I await your feedback.
I have all supporting emails and messages should you require
Engel & Volkers
Engel & Volkers's reply20 Sept 2020, 07:16
Official
Good day Shai

The office will be in direct contact with you to sort this out. 

We apologise for any inconvenience this may have caused.

Thanking you
E&V Southern Africa Head Office
SB
Shai B's update28 Sept 2020, 08:48
Reviewer Update
Just an update since my post:

1. The agent Salome confirmed she did not actually read my contract and was misinformed as to the liability held by each party in terms of maintenance.
2. Unfortunately this misinformation made its way to the tenant who now, understandably, is unhappy and has given notice to exit our contract. This directly results in a loss of income to me.
3. The office manager Beatrice has taken over and communication has been good. We received a quote for maintenance repairs and Beatrice has said over WhatsApp that the tenant will not be held liable and that E&V will cover the maintenance cost. I already agreed to assist and will hold my end.
4. Our contract has a penalty clause for early cancellation of the contract. I hope at least that this will be upheld on E&V side. I have queried this but my questions have been evaded.
I await a call today to discuss.


Engel & Volkers
Engel & Volkers's reply28 Sept 2020, 09:07
Official
Good day Shai.

As per our communication, we are happy that Beatrice has stepped in to assist in sorting out the issues for you.  We trust that all outstanding issues will be sorted out by the office for you as soon as possible.

Thanking you.