BS
Brendan S

1 reviews | Active since Feb 2018

26 Oct 2021, 18:06

Clockwork - KWV - worst agency ever

Never deal with this company ,, check my lawsuit paper below Page 1 of 4 Reg. *** VAT. No. *** _________________________________________________________________ Directors: A.D Wilton (B.Iuris, LL.B, LL.M) (Corporate Law) D Thinane (B.Iuris, LL.B, LL.M (Constitutional Law and Human Rights Practice), LL.M (Environmental Law) Associate Attorneys: M.B Das Neves (LL.B), Notary Public R.S Lund (LL.B, LL.M) (Commercial Law) Our Ref: Montanna/ LIT/ M17048 Your Ref: Date: 22 October 2021 MBENGA KATAKE C/O CLOCKWORK PROPERTIES 49 Linksfield Road Dowerglen Johannesburg 1612 PER EMAIL: *** Dear Sir/ Madam, 19 Argyl Street Germiston PO Box 15380 LAMBTON 1414 Docex 6 – BEDFORDVIEW Tel: *** Direct Email:*** _____________________________________________________ NOTICE OF BREACH RE: MBENGA KATAKE // BRENDAN SWART- 78 12TH AVENUE, EDENVALE 1. We refer you to the above matter and confirm that we act for and on behalf of Brendan Swart (hereinafter referred to as “our Client”) herein. 2. We are instructed to place the following on record: 2.1 Our Client has had no use of the stove and oven since his occupation of the leased premises, as the stove keeps tripping the electricity and the oven door does not remain open which has resulted in injury and severe burns, coupled with the perished rubber seal which lets all the heat generated by the oven escape. 2.2 On the 02nd August 2021, an electrician was sent to the leased premises to repair the stove tripping the electricity. Our Client was informed that the “easiest fix” to the problem was to bypass the earth leakage on the DB board. Our Client expressed his disagreement therewith on the basis Page 2 of 4 Reg. *** VAT. No. *** _________________________________________________________________ Directors: A.D Wilton (B.Iuris, LL.B, LL.M) (Corporate Law) D Thinane (B.Iuris, LL.B, LL.M (Constitutional Law and Human Rights Practice), LL.M (Environmental Law)); Associate Attorneys: M.B Das Neves (LL.B), Notary Public R.S Lund (LL.B, LL.M) (Commercial Law) that same did not comply to electrical compliance standards and places our Client at risk of fire, amongst other hazards. 2.3 Despite our Client’s refusal, the electrician proceeded to rewire the stove to bypass the earth leakage. Our Client thereafter proceeded to request the required electrical compliance certificate from your agent which to date hereof has not been forthcoming. Your agent incorrectly informed our Client that he was not entitled to same and despite our Client producing evidence to the contrary, was ignored. 2.4 Given that the stove and oven are essential appliances for everyday use and our Client’s fear of fire and/ or other safety hazards, our Client was forced to purchase a small stove/ oven combo in order to prepare food and feed his household, whilst providing your client an opportunity to repair the necessary, which to date hereof has still not been attended to. 2.5 The house and the cottage were fitted with 2 separate electricity prepaid meters and our Client was informed that each meter runs independently of the other. On the 25th August 2021, our Client contacted your client and advised that the prepaid meter in the house was not recharging. Following the advice of your client, our Client was prepared to await the municipal technician to resolve the issue as the cottage would still provide our Client with minimal electricity until the issue was resolved. To our Client’s surprise, when the meter in the house ran out of units, the electricity in the cottage was also off. 2.6 Upon the attendance of the municipal electrician, our Client enquired as to the electricity of the cottage being out, despite having a separate meter which still had adequate units. Our Client was informed by the municipal technician that the electricity meter in the cottage is not connected to any municipal feed and that the cottage in fact obtains electricity from the house. He further informed our Client that the money paid in respect of the cottage meter did not got to the municipality but in fact went to the direct bank account of the individual/ company who contacted the municipality to install the meter. Our Client’s rights to lay the necessary ***** charges in respect hereof remain strictly reserved. 2.7 The municipal technician connected the prepaid meter to the outside electricity box which allowed our Client to recharge with electricity albeit not resolving the error issue. To date hereof, our Client is forced to remove the meter (switching off the electricity for the entire house and cottage) connecting same to the outside electricity box in order to recharge. Despite such grievances expressed to your agent and undertakings to resolve same, the issue persists and our Client is ignored. 2.8 On the 06th September 2021, our Client informed your client in writing of the various leaks in respect of the plumbing, including, but not limited to, inter alia, the outside wall pipes near the external drain, bathroom vanity cupboard and the pool. Not to mention the plumbing blockage wherein it takes more than an hour to drain a bathtub once filled. To Page 3 of 4 Reg. *** VAT. No. *** _________________________________________________________________ Directors: A.D Wilton (B.Iuris, LL.B, LL.M) (Corporate Law) D Thinane (B.Iuris, LL.B, LL.M (Constitutional Law and Human Rights Practice), LL.M (Environmental Law)); Associate Attorneys: M.B Das Neves (LL.B), Notary Public R.S Lund (LL.B, LL.M) (Commercial Law) date hereof, only the outside wall pipes and vanity cupboard have been partially resolved with now added eyesores to the leased premises such as holes, damp walls and peeling paint. 2.9 Our Client has on numerous occasions communicated the issues regarding the swimming pool in that, the pool pump, motor and sight are not ideal and pose serious health hazards. Your agent has sent numerous contractors to assess the issue, all of whom indicate that they will provide your agent with the necessary quotations and which issue to date hereof remains unresolved. Our Client has even gone so far as to propose reasonable alternatives to the issue, all of which have been met with no response from your agent. 2.10 Our Client has communicated on more than one occasion the issues concerning the electrical fencing and non-connectivity of the alarm system which posed further security issues to our Client, all of which have been met with no response or resolve despite your agent’s undertakings to the necessary. 2.11 In addition to the above, our Client has notified your agent of various other issues and defects, although not material and urgent, could be repaired and replaced over a reasonable time, all of which have not even received the courtesy of an acknowledgement. 2.12 To add insult to injury, on the 21st October 2021, our Client received a letter of demand from TPN Collections demanding an amount of R4 210.77 (Four Thousand Two Hundred Ten Rand and Seventy-Seven Cents) for “rent and/ or additional charges”. 3. Our Instructions are to place you in breach of the lease agreement by failing to ensure that the leased premises is maintained in accordance with Rental Housing standards and conditions and to afford you an opportunity to restore the leased premises to habitable conditions in accordance with Rental Housing standards within 20 (Twenty) days of receipt hereof. 4. In the event that you fail to remedy the breach as aforesaid, we reserve our Client’s rights in full to terminate the lease agreement and claim any and all damages suffered as a result thereof, the costs of which will be for your account. 5. Be the above as it may, our Client is fully intent on amicable resolve of this matter and urges you to consider the settlement proposals put forth by our Client as an amicable alternative in this regard. 6. We trust you will find the above to be in order and that you will be guided accordingly. 7. Our Client’s rights remain fully reserved.

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