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22 November 2018

Section 39(1)(f) of the Community Schemes Ombud Service Act Reads as follows:

(f) an order requiring a specified tenant in a community scheme to pay to the association and not to his or her landlord, all or part of the rentals payable under a lease agreement, from a specified date and until a specified amount due by the landlord to the association has been paid: Provided that in terms of such an order—

(i) the tenant must make the payments specified and may not rely on any right of deduction, set-off or counterclaim that he or she has against the landlord to reduce the amount to be paid to the association;

(ii) payments made by the tenant to the association discharge the tenant’s liability to the landlord in terms of the lease; and

(iii) the association must credit amounts received from the tenant to the account of the landlord.

Documents required:

  • Application form
  • A copy of the rental contract between landlord and tenant
  • A copy of the owner’s latest statement of account
  • Any other supporting documents sent to the owner in this regard

Other articles in the Issue 5 Shared Living newsletter include:

Foreword
Recent developments are being addressed by the Board and there is no interruption in the delivery of service.

To rent or purchase in a time of economic uncertainty
Is it a good time to purchase or rent in South Africa?

The importance of inspired and proactive community complex management
Protect your investment by learning more about sectional title scheme management.

Section A: Applications for dispute resolution
A performance report in respect of new applications for dispute resolution, types of classifications of disputes, finalized matters, the registrtion of schemes and quality assurance of schemes documentation.

Adjudication Order in Terms of Section 53 and 54
Take a look at how CSOS assists the Community Schemes with adjudication

Shared Living newsletter

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