1 reviews | Active since May 2019
DEPOSIT THEFT
If i could give 0 star - I would. We had rented a a premises (Vista Verde) through IGROW rentals. We had signed a six month contract but had to unfortunately cancel our agreement after two months due to work relocation.
As per CPA section 14 - we had given the adequate number of days notice and as such 20 business days to cancel our fixed term lease agreement.
Igrow is now holding our deposit of R8000 as a penalty for the cancellation although not legally allowed.
Section 14(2)(b) and (3) of the CPA states that, despite any contrary provision in a lease agreement, the consumer may give 20 working days notice. NO penalties may be app****, except ACTUAL PROVABLE advertising costs for a new tenant. This amount they claim is R1150.
A deposit MAY NOT be retained or withheld unless there was damages (We had none)
We have dealt with Colleen Nielson the portfolio administrator and Bianca Botha the Rentals Manager.
Bianca has blatantly ignored emails and requests for proof of the account and refuses to answer simple questions as she has stipulated countless times they have every right to hold our deposit as a penalty. We have called a number of times for her to return our calls.
What became alarming to us is the fact that she says that it is out of their control as to what happens to our deposit as it is up to the landlord to decide although IGROW holds our money - throwing the landlord under the bus by saying the landlord is hammering Colleen to pay our deposit to the landlord so she can pay her bond. We have email correspondence of her not even knowing who our landlord is as she had kept referring to her (the landlords name is in the lease) as a HIM and after questioning her ************ behaviour in information she is providing us or lack thereof, we again are being ignored.
Our last correspondence is Bianca telling us to go forward with legal action as we have already issued a Summons to IGROW rentals to refund our deposit back.
For anyone that has rented through IGROW Rentals and has had their deposit *******ly withheld after giving the correct number of days notice - i urge you to know your rights and know where you stand.
We have already issued a summons through small claims court and will be perusing the Rental Housing Tribunal as well as laying a complaint through the EAAB.
It has been a disgrace dealing with IGROW and namely Bianca Botha.
I would like an urgent response from either the Owner or at this point ANYONE that will answer our questions.
We will investigate the matter on our side and provide feedback soonest
Kind regards
We will investigate the matter on our side and provide feedback soonest
Kind regards
We have taken it upon ourselves to contact the landlord as we have received absolutely nothing in return.
Bianca is also making false claims against us in what i believe is to protect her own self and the correspondences we have received or lack thereof. All phone calls were recorded as well as countless emails as proof.
This has been absolutely ********** dealing with the incompetence of IGrow staff and the matter in which this has been dealt with.
We have taken it upon ourselves to contact the landlord as we have received absolutely nothing in return.
Bianca is also making false claims against us in what i believe is to protect her own self and the correspondences we have received or lack thereof. All phone calls were recorded as well as countless emails as proof.
This has been absolutely ********** dealing with the incompetence of IGrow staff and the matter in which this has been dealt with.
Due to your lease being canceled earlier, you are liable for the cancellation penalties as stipulated in the contract you signed.
The owner of the property was informed, who then confirmed that the situation will be dealt with as stipulated in the signed contract.
Due to your lease being canceled earlier, you are liable for the cancellation penalties as stipulated in the contract you signed.
The owner of the property was informed, who then confirmed that the situation will be dealt with as stipulated in the signed contract.
Regulation 5 expressly draws the parameters of “reasonableness” in this regard and lists a number of notable factors, including: the length of the notice period by the consumer; the reasonable length within which the landlord would be able to procure a new tenant; and general practice of the industry. Looking at the factors holistically, it is clear that between one and two months rental would amount to a reasonable penalty, along with any further damages claims and outstanding rentals incurred during the course of the lease.
Regulation 5 expressly draws the parameters of “reasonableness” in this regard and lists a number of notable factors, including: the length of the notice period by the consumer; the reasonable length within which the landlord would be able to procure a new tenant; and general practice of the industry. Looking at the factors holistically, it is clear that between one and two months rental would amount to a reasonable penalty, along with any further damages claims and outstanding rentals incurred during the course of the lease.
