FAILURE TO REFUND MY DEPOSIT

On or about November 2023, a termination notice was submitted to Pretor, as the managing agent, notifying it of the fact that I will not be renewing my lease agreement. Upon vacating the premises, a request was sent to the relevant people requesting a refund of my deposit with interest, as required in terms of the Rental Housing Act No 50 of 1999 (“herein referred to as the Act”).

The relevant sections of the Act applicable to this dispute, are as follows: Section 5(1)d the deposit contemplated in paragraph (c) must be invested by the landlord in an interest¬bearing account with a financial institution and the landlord must subject to paragraph (g) pay the tenant such interest at the rate applicable to such account which may not be less than the rate applicable to a savings account with that financial institution, and the tenant may during the period of the lease request the landlord to provide him or her with written proof in respect of interest accrued on such deposit, and the landlord must provide such proof on request: Provided that where the landlord is a registered estate agent as provided for in the Estate Agency Affairs Act, 1976 (Act No. 112 of 1976), the deposit and any interest thereon shall be dealt with in accordance with the provisions of that Act Section 5(1)f at the expiration of the lease the landlord and tenant must arrange a joint inspection of the dwelling at a mutually convenient time to take place within a period of three days prior to such expiration wih a view to ascertaining if there was any damage caused to the dwelling during the tenant’s occupation thereof; Section 5(1)j failure by the landlord to inspect the dwelling in the presence of the tenant as contemplated in paragraphs (e) or (f) is deemed to be an acknowledgement by the landlord that the dwelling is in a good and proper state of repair, and the landlord will have no further claim against the tenant who must then be refunded, in terms of this subsection, the full deposit plus interest by the landlord; Section 5(1)i should no amounts be due and owing to the landlord in terms of the lease, the deposit, together wit the accrued interest in respect thereof, must be refunded by the landlord to the tenant, without any deduction or set¬off, within seven days of expiration of the lease; The dispute in question Section 4B (4) and (5) determines that the tenant and property owner must jointly, before the tenant moves into the dwelling, inspect the dwelling for any defect and damage. It further determines that the same procedure must be followed when the tenant vacates the property, and this inspection must be done at least three days before the tenant exits the property or the last day as per the notice, to ensure that any damage that was caused can be attributed to the tenant while still in possession of the property. Failure by the property owner to inspect the property in the presence of the tenant will be deemed to mean that the property owner acknowledges that there is no damage to the property to be noted and that everything is in order. It is therefore a requirement that a joint exit inspection should be conducted by both parties and should the landlord fail to conduct the exit inspection, the dwelling or items will be considered to be in good state of repair and the landlord will therefore have no further claim and the tenant must be refunded the full deposit plus interest. Pretor, is mandated to manage the above-mentioned property on behalf of the registered owner. It failed in its mandate, to conduct an exit inspection. Therefore, I should not be held liable for its incompetency. I requested that I be refunded my full deposit inclusive of interest. To date, Pretor has not refunded the funds despite several requests. I therefore request that this matter be given the attention it deserves, and I be refunded my deposit urgently.