Team Agent Estate Agency Withold Rental Deposit Unreasonably

We have rented 2 properties from the estate agent namely Team Agent. Once the Lease Agreements have came to an end (cancelled) the Agent refused to pay back our "damage (rental) deposits.

Many excuses were offered and after weeks we have managed to recover the one rental deposit. In both cases the Property Owners confirmed in writing that all our rentals were 100% up to date as well as that they have done their property inspections and that they were satisfied that no damages on the properties had to be repaired. They have instructed the Estate Agent to refund the deposits.

On the second Lease Agreement we still await the refund of the rental deposit after cancellation of the Lease Agreement 6 weeks ago. The Agent refuses pay-out and claims that fees / commission is owed to them. Once receiving legal communication from the Estate Agents attorney of record, we have responded and placed on record the following:

1) By NO means has the Agent (Team Agent) proved that commission is payable to them. 2) The deposit was placed in the trust account of the Agent to stand surety for non-payment of rental fees to the Lessor or damages to the property. In both cases has it been confirmed by the Lessor that all rental fees are up to date and that no damages have occurred. Therefor the deposit was refundable a long time ago and your client namely Team Agent is in ********/********* possession of the deposit that does not belong to them. 3) If Team Agent is of the view that any commission is payable to them, they will have to prove the very fact as well as the amount that they claim. Further on they will have to prove who the responsible party is that owes them the commission and should it be the Lessor and Lessee together, on which percentage basis. 4) We therefor do NOT accept your intention to use the deposit for paying out commission and should Team Agent go ahead with paying out the deposit to themselves, your client will clearly bear the consequences. 5) That the Lessor has cancelled your client’s mandate to rent out and to manage the property referred to above effective 1st March 2020 due to mismanagement, carelessness and ********* behaviour of the Agent together with a lot of other reasons which will be used in a court of law or any other authority available and to our disposal. 6) We have officially recorded a case against your client at The Estate Agency Affairs Board as well as requesting them to investigate your client’s trust account and operations. Your client will hear from them in due course. 7) We hereby demand pay-out of the deposit including interest with immediate effect.

We have requested more than once that the Agents attorney and/or herself furnish us with a copy of the Lease Agreement they base their so-called commission claims on. The Agent has failed to do one of the basic responsibilities an Estate Agent should do and that is to furnish the Lessor and Lessee with a copy of the Lease Agreement once the Agent has finalised the Agreement and once everybody has signed. Now, 3 years later, we are still in the dark as to if the Lease Agreement has been properly signed by the Lessor and properly witnessed and is in any sense valid.

The Estate Agents attorney has in 3 different email communications changed the number of the Clause in the so-called Lease Agreement on which they base their claim on (first it was 4.6, then 14.6 and then again 15.6) which appear that either the Agent or the attorney has tampered with the Agreement or are trying to build a case without having the necessary basis for that. That could also be the reason why neither of them is prepared to supply us, the x-Tenant with a copy of the Lease Agreement as properly drafted and signed by all parties and witnessed accordingly.

In a later communication to the attorney of the Agency we have placed the following on record: We further take note of the fact that you and/or your client is unwilling to supply us with a copy of the Lease Agreement you base your claims on. It is therefor obvious that you and / or your client has something to hide and that the so-called Lease Agreement whereby your client bases their commission claim on, might be invalid or nil & void.

To sum up, we have requested The Estate Agents Affairs Board to investigate Team Agent and its individual agents operating as an estate agency in the East of Pretoria, looking into their financial affairs as well as if their operations are legit and ethical. Currently they are in possession of our deposit on an ******** and ********* basis.

We would not be surprised if there are many other clients that have lost their deposits through this agency by their ********* / ******** operations and surely will we as client ***ner / Seller / Lessor or Tenant) not ever work through Team Agent again.