Trafalgar: ******* deductions levied on tenant's deposits

For days now, I have been following up with Trafalgar representatives on two issues:

(a) an amount deducted from our deposit which deduction we have been informed by your Chris Heyneke (Heyneke) at Trafalgar Carlswald Luxury Apartments was for “ Cleaning hair out of shower and bath drains. 2. Cleaning debris out of P traps. 3. Tightening all shower roses and faucets. 4. Cleaning the sieves in all taps. 5. Checking all water inlet pipes to ensure that they are tightened properly. 6 Checking all drain pipes that they are tightened properly.”

There is absolutely no provision in the contract concluded between Trafalgar and ourselves that obliges us to pay for these costs. On making further enquiries on this amount with Heyneke, he quoted paragraph 7.3 of the lease agreement which deals with the tenant’s obligation to repair or replace if necessary all “door handles, door locks, keys, glass (including window fasteners), electrical fitting and fixtures, bath, sinks sanitation systems, drainage systems and refuse appliances, water taps and outlets.”

In two lengthy e-mails addressed to Heyneke and Claire Meredith (Meredith), who appears to be his reporting line, dated the 14th and 15th of August 2017 respectively, I clearly pointed out to them that there is absolutely no link between the contract’s paragraph 7.3 which deals with repairs and replacements of broken baths, sinks, sanitations systems, drainage systems, refuse appliances, water taps and outlets (therefore the replacement/ repair of broken items in the unit) and the maintenance which Trafalgar’s agents have unilaterally embarked on without any discussion or consent from tenants. Such “maintenance work” is for the owner’s account, not ours. Our relationship with Trafalgar is governed by the contract signed by or on behalf of all parties, and if not, by the Rental Housing Act. Your conduct is in direct contradiction with both. In fact, it is simply ********.

The conduct of Trafalgar’s agents cannot be described as anything less than theft of monies from exiting tenants. According to Heyneke, Trafalgar has engaged in this practise of deducting these monies from exiting tenants in “anticipation” of possible future expenses that they may incur in future for a while now. I have informed him of the *******ity of such a practise. I further questioned him on whether, in the event that this maintenance was not necessary, would Trafalgar and it’s agents be honest enough to refund these monies back to us? I doubt that very much! To this question, I, of course, never received a response. It would be of no surprise to me that no reimbur*****ts have ever been made. I would be even less surprised to know that Trafalgar has been pocketing such “levies” now for a while, making thousands of Rands from unaccounted & *******ly collected monies from unsuspecting tenants.

Even if this exercise of checking water inlet pipes etc as set out in Heyneke’s e-mail was in fact necessary. It is not for our account. There was never an expectation for us as tenants to do this work. A tenant’s responsibility is simply to ensure that their unit is maintained in good and clean order and of course, to replace or repair any items found to be broken during and at the end of the lease. This we did.

We want what is due and payable to us without having to fight Trafalgar on nonsensical issues that do not warrant such a waste of time on our part.

(b) at the inception of our agreement with Trafalgar, we were required to pay a deposit equalling one month’s rent which Trafalgar would invest at our request and on our behalf in terms of the provisions of paragraph 12 of the lease agreement. Naturally, we are entitled to the agreed portion of interest which has accrued on the deposit amount at the expiration of the agreement by virtue of paragraph 12.3 of the agreement. Whist certain charges come off this interest, I would expect that at the end of the lease Trafalgar is in a position to account for the following:

1. When the amount was invested on our behalf; 2. Which bank the amount was invested with; 3. A full recon showing the interest which accrued on the amount from time to time (having regard to fluctuations in interest rates fluctuated from time to time during the lease period); 4. the amounts which Trafalgar deducted from the accrued interest in respect of its administration costs etc; 5. The total amount due to us after 1,2,3 and 4 above have been done; and . 6. the total amount deducted by Trafalgar from the total amount which accrued.

What we expect from Trafalgar is reasonable considering that it deducted a fee for handling /administering our moneys. Judging from Meredith’s response to my e-mail, however, this seems to be a task too great for her. She has continuously failed to provide us with the relevant information and seems to only be in a position to state the total sum of interest which has accrued without any explanation whatsoever behind this amount. This is highly unacceptable and I am left unsure whether she knows what is required of her or whether she is simply refusing to do her work.

Please let me hear from you by close of business tomorrow, Friday the 18th of August 2017, failing which, I will report Trafalgar’s conduct to the Rental Housing Tribunal.