I am a SA property owner living overseas at this time and have engaged with Pam Golding Properties(PGP) of Richards Bay to manage the letting out of my property(3 bed simplex) to suitable tenants. Duties included finding suitable tenants with proper due diligence processes and management of the rental process including receiving payments from the tenant and payment to my bank account.
On 8th Nov 2016, a new tenant was found after the previous tenant(under Pam Golding management) left without payment of rental and with damages to my property. I then specifically requested the responsible agent of PGP to conduct proper DD processes and ensure no repeat of issues as per the previous tenant they has managed. I also called the manager of PGP to state my dissatisfaction as to how the previous tenant was managed(I had to previously e-mail their offices from overseas to remind them that the rental was overdue). They assured me that this new tenant would be managed much better. I went ahead with signing on the new tenant.
2 months into the new lease, the new tenant defaults and does not pay the rental. I had to contact PGP again and they assured me that they were in contact with the new tenant and the rental would be paid with the next month’s payment. I indicated that this was against the lease agreement gave a warning regarding this issue. This however continued for the next 5 months and I gave immediate notice to PGP to get the tenant out and also recover the outstanding rental. PGP again made promises that the rental would be paid shortly and they are following up on this. This however was not the case as I had to insist that they follow up and they avoided providing any explanation other than the tenant is at fault.
I would like to get advice as to what are my legal recourse to get PGP to be accountable and pay all costs for failing to manage the lease resulting in me incurring unnecessary costs and loss in rental(trip to SA from my residence in USA ~R50K + outstanding rental owed ~R30K + fix rental property ~ R10K – tenant ran off with keys and caused damages). PGP failed to manage lease, did not contact tenant when rental was due, failed to follow up on outstanding rental due, deducted PGP commission first from deposits held but failed to notify me about how the rental deposit was used. Lease agreement was in place and was not effected by PGP when issues was becoming apparent. Also, what would the advice be in regard to handing the tenant and PGP.
Mr. Colin Moonsamy