My mother recently moved into a new house and signed a 1 year lease.

Shortly after moving in, it became apparent that there were major plumbing issues with the house. There is a persistent stench of sewerage. The municipality came around and they say the sewerage tank is cracked.

This is not only an unbearable situation to live in, but is highly embarrasing when people come around.

She has found a new house to move into, but the estate agent and landlord are giving her a hard time.

The landlord is trying to get out of paying the deposit back - and I am worried that they may try and penalize her for moving out before the end it the lease term.

I have considered lodging a complaint with the rental housing tribunal (I think this is Western Cape only).

What would you adivse she does?

Personally I feel that the landlord should cover the cost of her moving and they should refund the contract / lease fees.

Thanks.

In addition, there are numerous other problems which were supposed to have been attended to, but have not.

For example - a badly cracked glass sliding door, and the house is not carpeted, the floors are just painted cement. They had said that they would provide carpets and cupboards.

The biggest challenge with any business transaction, especially when money has been exchnged already, is that it becomes diffcult to get a refund. However, based on what is being ocmmunicated, the agent/landlord failed to notify the customer about the possible drain problem, so they have acted negligently. This case just needs a legal representative, otherwise the housing tribunal might take forever. I have previously used Clientelle Legal and they are very effecient (Don't worry, they did not pay me for this)...I will not pull a Trevor/Cell-C Noah on you!

Hi There,

Has this been subsequently resolved?

Kind Regards

no - not really.

What did you get in writing from the agent/landlord regarding their commitment to repairs. Does the lease have maintenance and repair clauses? what is the notice period as defined in the lease.

With these sort of disagreements it will usually boil down to what is in writing and on some form of record. Be it recorded, written or witnessed.

I highly doubt you will get the landlord to pay moving costs, you should fight for the deposit back in full unless there are any damages/repairs from the tenants neglect.

When you refer to the sewage tank, is this a septic tank or a pre-main drain holding tank?

Hi Daniel

I would have to have a look at the lease.

As I mentionted, it is a place my mom moved into. So I am not that familiar with it.

At the end of the day - she moved into a place which was not fit for human habitation. I went to visit over a weekend and was really disgusted with the situation.

I think it was caused by a crack in the sewerage tank - the municipality spent a few days there, but didn't manage to fix it.

She has since moved out, but is struggling to get the deposit back. I really think they should refund the contract fees as well.

She obviously inspected it prior to moving in, was there any trace of the sewerage? If there was and the agent undertook to repair then you have a very good case. If not and it happened subsequently then we must examine the corresspondence relating to it.

As a previous poster said it is extemely difficult to get money back which has been paid over already. Have a look at the lease with a fine toothcomb and check all other corresspondence. Should they be in breach them you could possibly ask for damages as well. Possibly on the grounds of hygenic or health damage.

Sounds like the common wealth games athletes village, gets some mops and buckets and hopefully it will be sorted out sooner