KM
Karlene M

1 reviews | Active since Mar 2021

14 Mar 2021, 18:10

Deposit refund to tenant was at mercy of landlord

I rented an apartment in Century City from Seeff Century City in January 2020. I rented for a year and paid my rent for the full year upfront to Seeff together with 2 months deposit that I had to provide which was the requirement to rent the apartment. After the year period, I rented for an additional month and gave notice at the end of February. I had paid for painting of wall and additional cleaning which was required. I was then advised that I could not be refunded my deposit as the landlord had to make the final call (even though I had paid the deposit to Seeff). Their relationship with the landlord was placed above my relationship as the tenant with Seeff and I was at the mercy of the landlord to refund my deposit. My deposit was only returned to me after the father of the landlord had to review the property almost 2 weeks after I vacated the premises (even though Seeff had confirmed that I had left the property in a satisfactory state), but they could not release the deposit till the landlord gave the final okay. I was also referred by Seeff to my contract where they advised me that the landlord was well within his rights if additional repairs/maintenance was done that the landlord could take up to 14 days to refund my deposit. I was not treated as a customer and felt that Seeff was only concerned with the landlord of the property that they rent out on their behalf but I want to tell everyone about my bad experience so that you don't find yourself in a similar situation.

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Replies (1)
Seeff Century City
Seeff Century City's reply15 Mar 2021, 15:48
Official
You emailed me on the 5th of March 2021 expressing the same grievances to which I responded, see below a copy of my email sent. I feel that my response then remains my response now. I have been sympathetic to your unhappiness and am discontent that you have left feeling wronged. It is never my intention to have a dissatisfied landlord or tenant. I will help wherever I can but sadly some things are beyond my control. It is perhaps not fair then to hold us accountable. 
 
Copy of Email Sent:
Your frustration is completely understandable. If I had the unilateral authority to release your deposit to you then things would be different. As an agency we find ourselves in this exact same situation over and over again. The worst part being that the tenant, such as yourself, exits the lease with negative feelings towards us and our agency. Where in reality we are not to blame.
 
A lease agreement is a contract between the landlord and the tenant. Seeff is not a party to the contract. The landlord appoints us to act on his behalf with limited powers. We may not release the deposit without the landlord's approval. If we do then the landlord could have our licence to trade revoked or worst case lay a ******** charge of theft.
 
We do of course try our best to get deposits back to our tenants as soon as possible. The rental housing act is very clear on when a tenant must be refunded, being either 7 days after expiry of lease, or if repairs were needed (such as in your case), then within 14 days after restoration of damages. Unfortunately I cannot force the landlord's hand as we are within the appropriate time frames.
 
I would be happy to write a letter to your new agent or landlord explaining the situation and confirming your deposit balance available for transfer.
 
Kind Regards,
Adrian Louw - Manager