Breach of Contract, and then Bul****!

On 26/02/2018 I sent the following e-mail to the Manager of Propert Legends, at the following address: **********

NB! Please confirm receipt of this letter!

Re: Breach of contract Parktown Place A2 DOO 17/02/2018

To whom it may concern

BREACH OF CONTRACT by Property Legends, regarding Parktown Place A2, date of Occupation 17/o2/2o18.

Hereby I give written confirmation to the agency of the breaching of the contract and the legal cancellation of the Lease Agreement.

When a landlord fails or refuses to perform on its contractual obligation or performs late, the contract is automatically cancelled.

Upon showing the unit to me on o5/o2/2o15, it was orally agreed by the landlord that the property would be ready for occupation on 1o/o2/2o17. He specified that it will be painted and cleaned.

According to our Lease Agreement the property was supposed to be handed over, without any defect, on 17/o2/2o18.

There were NO mutual agreement between the tenant and landlord that cleaning and repairs will be done later than the occupation date.

Painting and cleaning was not completed by Saturday 1o/o2/2o18, and as the bank deposit would not reflect on the agency’s statements before after the weekend, the occupation date was extended on the Lease Agreement to 17/o2/2o18.

When the agent, Louise, unlocked the door on 17/o2/2o18, NONE of the repairs was done, and the place was filthy, not even cleaned superficially.

Refer to the images sent to Corne Castleman by e-mail to ********** the photographs taken by the agent, to protect the client, and the home check list.

If the place is not deep cleansed, ****roach infestation is a cause of allergies and asthma, a major health hazard.

There is water damage on the walls in the kitchen, lobby, bedroom and bathroom, if left untreated it makes the apartment uninhabitable.

I bought PolyFilla, cleaning agents, poison for ****roaches and ants. I requested the landlord to put PolyFilla on the chipped walls, which he did, while the agent and I was trying to remove most of the dirt, so that I could at least hang curtains.

We compiled a “home check” document, listing all the problems we found that needed fixing. The agent acknowledged all of the problems, the landlord was informed. The agent informed me that it will be done before the weekend. I did not receive a copy of the document.

On Sunday 18/02/2018, I scrubbed the kitchen to remove ****roach droppings and food rests and oil and grease: wall tiles, the oven inside and out, under the sink and inside all cupboards.

On Wednesday 21/o2/2o18 I informed the agent that repairs due to normal wear and tear, as requested, was not done yet. I handed another written list to the agent and they made a copy for the landlord.

On Thursday 22/o2/2o18, I had to drive 30km to take the keys to the landlord, as his keys to the flat did not fit, implying that I changed the locks. Only the drawers was fixed on that day.

I requested, by e-mail, to Corne Castleman, at ********** a new moving in date and an updated Lease Agreement, but it was ignored.

I complained on 24/02/2018 to the agent, Louise, that the work requested was not done and that they did not even cleaned up after working on the drawers.

On Sunday 25/02/2018, when I went to ask my keys back, the landlord came and fixed the loose planks in the kitchen while I was there.

He could not provide me with a date when the repairs would be finished. He refused to any further repairs, as I am a nuisance and it is not his duty and referred me back to the agency.

The Lease Agreement signed was to provide me with the flat on the day stipulated. Expectations was not met, as you are fully aware of.

Hereby I request the agency, without any further discussion, to accept this cancellation of the Lease Agreement, and return, within 7 days of receipt of this notice, the following:

* R 6200 Deposit, with interest * R 4500 Rent & Admin fee paid * R500 Deposit for Water @ Protea Metering 16:02/2018 * R300 prepaid electricity @ Protea Metering 16/02/2018 * Additional costs & loss accrued due to breaching of the contract - R 500 Fuel purchased @ Paul Kruger Service Station 17Feb18 - R 1331,63 Cleansing agents & materials, insects repellent, paint - R 200 for 2 sets of spare keys - R 180.80 phone for remote gate - R 200 for cleansing of kitchen - R 2500 compensation for loss of income for 2 weeks and emotional trauma caused

Your agent informed me on 25/o2/2o18 that her boss will attend to the matter on 26/o2/2o18 and only settle this dispute by means of an attorney.

If you refuse to accept this cancellation, or prefer to make use of an attorney, I shall lodge a complaint with the Rental Housing Tribunal, and agree to settle this in Court, on your costs.

Dankie! Thank you! JG van Tonder

The only feedback I EVER received was after I repeatedly enquired about the case. The agent, Louise, still did not provide me with a copy of the contract, receipts for any of the payments, the photographs and a copy of the House check report, as promised, and legally required.

His response on 28/02/2028: “Hello Jo, ons is besig met die eienaar en die saak ek glo ons sal binne kort vir jou antwoorde he, groete lekker aand”

Today, 01/03/2018, I requested those documents from Corne Castleman and Johan Broodryk, as I need it to hand in at the Remtal Housing Tribunal.

The response only was: “Mev ek gaan die saak maar oor gee aan die prokereurs ek kan nie die saak verder hanteer nie. Ek verstaan nie hoe die, woonstel so groot impak kan he nie.”