Tyson Properties Atlantic Seaboard / Neil Abernethy

I entered into a lease agreement for an apartment managed by Neil Abernethy, Managing Partner at Tyson Properties Atlantic Seaboard, for a property at Canal Quays, Cape Town. A substantial amount was paid upfront in good faith including a deposit, advance rental and lease fee, all evidenced by bank transactions and an official invoice from Tyson Properties. Prior to occupation, ****roaches were discovered at the property during our first viewing. We were assured in writing via WhatsApp that professional fumigation would be conducted before our move in date.

On the day of our pre-occupation walkthrough the property was still actively infested with live ****roaches, documented with timestamped photographic evidence. The agent was unreachable despite repeated calls and WhatsApp messages. We were unable to receive keys as the agent is required to be present at handover per building protocol. Following this discovery we were not contacted by the agent or anyone from the agency to discuss alternative arrangements, a new occupation date, or to offer any form of assistance. We were left without accommodation on our move in date and had to make emergency arrangements at our own cost.

It later emerged through the pest control company's own service report that gel bait, not fumigation as represented, had been app**** only 6 days before the occupation date. The same pest control company subsequently confirmed in writing that a property with a medium ****roach infestation cannot be considered guaranteed pest free within 6 days of a single gel bait application.

The lease agreement contained an express warranty that the premises would be pest free at inception. That warranty was breached. Despite this being confirmed by the respondents' own pest control company in writing, and despite the matter being referred to the Rental Housing Tribunal and active legal proceedings, our money has not been refunded.

We encourage anyone who has had a similar experience with Tyson Properties Atlantic Seaboard or Neil Abernethy to come forward through the Rental Housing Tribunal or the Property Practitioners Regulatory Authority.

We caution anyone considering renting through this agency to ensure all promises are in writing before signing anything, insist on a joint inspection before making any payment, and never pay advance rental before keys have been physically handed over.