Breach of contract

Item: Mirent
Rating: 1

Below is my letter of compaint dated 10 January 2017. To date Mi-Rent has not paid my claim as a result of the breach of contract by them. Dear Sir / Madam Without waving my rights to deal with any other points in the service level agreement and lease agreement dated 8 September 2016, I hereby address you to the breach of the contract by Mydentity (Pty) Ltd (hereinafter referred to as Mi-Rent) as set out below. Clause 23h of the service level agreement states that "Mi-Rent will release payment to the landlord on the first day of each month, provided such day is also a working day, and regardless of receipt of money from the Tenant" Clause 11.3 of the lease agreement states that "..Mi-Rent will collect the rental from the tenant via debit order from the second month." Mi-Rent has breached the contract as follows: 1. The rental income for the month of January 2017, which was due on the first working day being 3 January 2017 was only received on 9 January 2017. 2. The second month’s rent was not collected by Mi-Rent via debit order. In addition Mi-Rent has failed to collect the deposit amount from the tenant as agreed between Tammy Evans and the tenant in the email dated 7 September 2016. As a result of the breach of the contract I hereby request the following: 1. Repayment of the management fee of R9,907.20 paid to Mi-Rent; 2. Repayment of the tenant’s partial payment of the deposit with interest; 3. Damages in the amount of R150 per occasion for non or late payment of the rental income; and 4. Cancellation of the service level agreement and lease agreement dated 8 September 2016 without any liability against the tenant nor the landlord. Furthermore, I also want to highlight your level of unprofessional and poor service. On numerous occasions I left messages for Tammy Evans to return my call which did not happen. I also spoke to Amanda on the 6th of January 2017 explaining the issues but she was not able to professionally address the issue. The option I was given was "do want to cancel the debit order and have the tenant pay it in your account?". Your unprofessional service is further evident in your emails to customers dated 4 and 9 January 2017. In conclusion, I wish that this matter will be settled as everything that transpired has caused a great deal of stress and hassle on my part.

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