Breach of Leasing Agreement

I am not at all happy with the Level of Service I have received after having Faircape Leasing as my leasing agent for the past three years.

The ongoing mail which has been unresolved for the last two weeks has left me no other course but to lay charges to Faircape Leasing for Breaching my previous Leasing Agreement.

In summary, an awful display of Rental Management has been displayed. My rental had been acquired by a New Owner. Upon negotiation to have the Leasing Agreement extended to the new year, talks broke down. The New Owner had made his intentions known to not have the property maintained and brought in line with living standards.

Upon reading the Proposed Leasing Agreement by Faircape Leasing, two days prior to the expiry of the existing Lease. I found the Agreement to be filled with flaws, errors and contradictions and as such I could not agree to have it completed.

As a courtesy, I immediately informed the Leasing Agent responsible for the property and by written communication informed, that I was not in agreement to proceed. As for my Leasing Agreement, I would allow it to expire and proceed to vacate the premises. The handover, cleanup and Outgoing Inspection was completed the very next day, December 1st 2017.

The Level of poor Management that followed I am afraid, still continues.

To date, my Rental Deposit which was due on the 19th of December, 2017 is yet to be returned. The battle to disarm additional expenses set forth by Faircape Leasing has been an interesting one.

In summary:

1. I have been charged half of the Rental Monthly Fee for December 2017 at R 2,595.00.

The reasoning used by Faircape Leasing,

"Inadequate Notice was given not to Extend the Leasing Agreement" and "Although a Lease Agreement was not signed for this period, it had been agreed upon".

At the time in my poor judgement of character, I was lead to believe that Faircape Leasing were good at what they do, "perhaps these Agents were not altogether briefed on The Lease Agreement signed and bound between myself and the previous Owner", however two weeks later, I now find it to be negligent to not have read it at all. In addition to not knowing the Law, or clinging to only parts of it that suits.

The fact however, is that the Leasing Agreement clearly indicates that no "Notice" need be given. Further, that there is no agreement verbally or written between myself, Faircape Leasing and the New Owner, to have extended the Lease Agreement beyond November 2017.

Yet, these funds have been deducted from my Rental Deposit, without consent, approval and upon my objection. Further, "I was politely told, that should you wish to take matters further, you may".

2. The Outgoing Inspection had listed a few items to be repaired, in addition to the Cleanup that would need followed. From a total Rental Deposit of R 7,637.96, having the above deducted, maintenance had consumed well over R 5,000.00.

"What could possibly need maintaining to this amount? The Answer however is concerning".

2.1. Cleaning - R 855.00 (Including VAT).

For a 40 square meter Bachelor apartment, seems a bit pricey, doesn't it. "Well, this is what my Company had outsourced, after being quoted R 1,300 from a Faircape Leasing Cleaning Service".

"Again, I was told, you will not find another cleaning service for any cheaper".

It would seem that I did, yet Faircape Leasing had chosen otherwise.

They too, found a cheaper source, the source however has not been mentioned, the level of service has not been mentioned, the cost has not been mentioned, a quotation was not reverted.

Yet, I am expected to accept this new source. I chose not to and requested the required information, until received I informed, that I will not be accepting anything other that the R 855.00 previously submitted.

2.2. Maintenance R 4,137.00 (No allowance for VAT)

An alarming amount, this however came with a quotation.

The very first thing I noted, the Quotation was sent by "Warren Mills", who is from Gordon's Bay. If it hasn't set in yet, allow me to piece it together for you.

The Property in dispute is Anfield Village, located in Pinelands, Cape Town. The intended Maintenance guy to be used will be driving (Equipment and Material Included) from Gordon's Bay. An hour drive, with an absorbent fuel bill. This does not make any practical sense.

Considering that he will have a team with him, his Labour and Fuel charges are set at?

"Wait, his not charging any...

...I wonder how he will be getting from Gordon's Bay to Pinelands and is not charging for it".

To the inexperienced, this indicates that the markup made from Material/Equipment etc..., well over compensates for Fuel and or additional labour.

R 739.00 will be used to repair a Kitchen Shelf.

"Personally I found this to be amusing",

Unfortunately this is the world we now live in, where Agents are either to lazy or *********** to personally visit the said shelf to investigate.

As per the Outgoing Inspection Report, submitted by another Faircape Leasing Agent. It was noted that a shelf was broken. Which resulted in a Maintenance firm quoting for said broken shelf.

"A rookie mistake if I had ever seen one".

What if I told you that the shelf was in perfect condition? That it measured around 100 mm in width to around 200 mm in length? That it fitted to the wall by two wooden dowel pieces? One of which had broken off.

"Information, I expected Faircape Leasing to know".

Further, that I had already made it known to the Rental Manager, who my correspondence had been escalated to, that the material required for this had already been acquired.

"That, I merely needed access to the apartment to carry this out".

A process, that would not take more than 5 minutes. Which includes removing broken dowel, replacing dowel and fitting the shelf in place. A process so primitive, I wouldn't bother charging for it.

Worth R 499? I think NOT!

However it gets worse, take into account the material quoted and were looking at an additional R 240.00.

Worth R 739? Absurdly NOT!

It is a week later and still no response, other than calling in a Maintenance Firm to fix something i could do for free, at my cost.

2.3. Kitchen burn mark on counter

R 2,495.00 will be used to repair a Kitchen Top.

"This however is a scenario of interest. A white circle, which appears to be a burnt ring, with only the outer layer of the ring and no burnt marking within it in the top of the Kitchen Sink. Most likely, occurring from some heated surface which I assume came off the stove top".

A mark which was present upon taking occupation in 2014. A mark which the Inspecting Agent has neglected to reference. Why? Most likely because it was so light that it could not be seen. Or a slip in mind, as his reports are not conducted on site but take place the next day, after reviewing images he had taken the day prior. A mark that he was made aware of and had failed to report.

This mark, the shape of a coffee mug, is set to weigh in at just under R 2,500.00. A mark, that merely needs the laminating blended. Another process, that with the correct tools could be completed within a few minutes.

A mark that has been in correspondence, which Faircape Leasing has conveniently no imaging or record of. At the cost and knowing the type of material should the top be replaced. It would seem that the New Owner with the assistance of Faircape Leasing, intends to repair, damages I had reported to the Kitchen top for the Owner to Maintain, at my expense, through the guise of a burnt mark.

This section should it be cut out measures around 400 mm In width by 600 mm In length.

Worth R 1,095? I think NOT!

However it gets worse, take into account the material quoted for above and labour required to remove the kitchen sink, disconnect the plumbing and strip the kitchen sealants, reseal and install the sink and were looking at an additional R 1,400.00.

Worth R 2,495? Absurdly NOT!

My concern here is not only is this mark not my responsibility to repair.

Why the excessive action plan to remove the sink, sealants, cut the full length of the top, re cut the area to place the sink and have it installed and resealed. Seems odd when the said burnt mark is on the shorter end, where the sink does not extend to, where it does not affect any plumbing, where a minimal amount of sealant is required (100 ml). It makes more sense to cut the shorter end, and as a worse case scenario (which is not required) replace this end, to the latter of the entire top. More pressing, how this was quoted for without viewing the property is alarming.

2.4. Bedroom - Curtain brackets replace R 38.00

I had already made it known to the Rental Manager, who my correspondence had been escalated to, that the material required for this had already been acquired.

"That, I merely needed access to the apartment to carry this out".

A process, that would not take more than 10 minutes. Which includes removing the broken plastic curtain rail bracket in the Bedroom and replacing it. Another process so primitive, I wouldn't bother charging for it.

It is a week later and still no response, other than calling in a Maintenance Firm to fix something i could do for free, at my cost.

2.4.1. Bedroom cupboard shelf broken replace - White Melamine and edging 480 mm x 410 mm R 220.00

In this case, there is indeed a chip in the shelf, at the ***** of the right front corner. Although it may be filled with Melamine filler. I am not sure why this has not been considered. Instead the entire shelf intends to be replaced.

As I will be paying for it. Surely, this would mean that the existing shelf, which is in good condition, may be collected by myself?

I had already made it known to the Rental Manager, who my correspondence had been escalated to, that the material required for this had already been acquired.

"That, I merely needed access to the apartment to carry this out"

A process, that would not take more than 15 minutes. Which includes removing the existing shelf and replacing it.

It is a week later and still no response...

Relative to the cost intended, a sheet of Melamine measured at 2,400 mm x 1,850 mm costs R 400.00. It would however be interesting to know why a tiny equivalent is costing half of it?

2.4.2. Bedroom small pins on all bic doors -e repair - close pin holes with melamine filler R 45.00

As a matter of Negligence, these pins or nails as they have been described as were present upon occupation. Further, they were included in the very Inspection Report that the Rental Manager had reverted a few days ago. This I will not be paying for.

Yet, this is what Faircape Leasing intends to charge me to remove and fill the holes left behind. Why? The New Owner wishes them removed, question is why should i be paying for them?

2.5. Bathroom - Mold on wall ceiling - Prep and repaint plascon Velveglo R 600.00

Bathroom Mold and or Painting is listed as wear and tear and is a requirement of Maintenance to be actioned by the Landlord or Leasing Agent. This has been communicated prior however Faircape Leasing has neglected my objection to accepting liability for this and has proceeded to reach out for a quotation to paint, a Service I have extended a week ago and have not had any response.

Should the New Owner wish to paint, surely he should be willing to pay for it. It is outrageous to hold a Tenant responsible and liable for Landlord duties and or Maintenance he wishes to execute.

It goes without saying that not only does Faircape Leasing have Administration concerns. Leasing Agents and Rental Managers should have prior knowledge pertaining the Law, Lease Agreements, Maintenance Requirements and Resolution S****s.

It has been twenty days since I have vacated the property on the 30th of November 2017. My Rental Deposit was due to be refunded on the 19th of December 2017, as per The Leasing Agreement and has not been received. Instead, I have been ****** of it, as Faircape Leasing attempts to use my funds to renovate the Property of a Owner that does not have the means to, the very reason, I had chosen to vacate.

It has been a trying two weeks and a very disappointing end departing Faircape Leasing, a Leasing Agency which has been stripped of its reputation, one I would no longer recommend.

This morning I had sent a similar email to not only the Rental Manager but to their Complaints Department as well. It is Mid-day and with what I have shared, you would expect my phone to have rung and on the other end a Manager ready to suck it up and apologize, ASSURING THAT AN INVESTIGATION BE ACTIONED and a speedy resolution reverted as soon as possible.

As expected....Not a Call, Email or Correspondence.

Usually when an individual mentions to Sue your firm in advance, you do your utmost to remedy the situation. Faircape Leasing however seems to have welcomed it, as a "we will do what we want, try and stop us".

A mental capacity which does not belong in this day and age.