# Regulatory Compliance Category > Consumer Protection Act Forum >  First time renting...not working out!

## Teddy99

Hi All

I have just rented my first apartment, or so I thought...

The apartment was up for rent by a popular agency in the area. I contacted them and sent all the required information through to them. They preceded with the credit checks and all of that. Everything seemed to be in order and I sent them the singed lease contract and paid the deposit (Within the required 2 days). The agency replied by saying they will forward the lease agreement to the lessor, for his signature, and send me back a copy thereof. One week after this mail I received a mail from them that stated the apartment is no longer for rent and is now reserved for the lessor's family. After a telephone discussion with the agency I discovered that they have not even sent the documents through  to the lessor.

I feel this is very unprofessional from the agency . I would just like to know if there is something I could do? Or is it just the best to demand my deposit back and move on?

Thanks! :Embarrassment:

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## HR Solutions

Unfortunately this is the agencies fault.  Im not sure exactly what recourse you could have as it is very unprofessional from the agency.  But at the end of the day they have not signed the lease therefore you don't really have anything to go by.  Your best bet would be do get your deposit back ..... in full.

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## Teddy99

Yea just as I thought. Luckily they had no problem paying back the deposit.

Thanks for the help.

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## Citizen X

> Hi All
> 
> I have just rented my first apartment, or so I thought...
> 
> The apartment was up for rent by a popular agency in the area. I contacted them and sent all the required information through to them. They preceded with the credit checks and all of that. Everything seemed to be in order and I sent them the singed lease contract and paid the deposit (Within the required 2 days). The agency replied by saying they will forward the lease agreement to the lessor, for his signature, and send me back a copy thereof. One week after this mail I received a mail from them that stated the apartment is no longer for rent and is now reserved for the lessor's family. After a telephone discussion with the agency I discovered that they have not even sent the documents through  to the lessor.
> 
> I feel this is very unprofessional from the agency . I would just like to know if there is something I could do? Or is it just the best to demand my deposit back and move on?
> 
> Thanks!



You can sue for damages on the basis of breach of contract. Though the lessor didn't yet sign the lease agreement, there was tacit agreement that the lessor leases this apartment to you. A strong point on your side is that you paid the deposit.

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AndyD (31-May-17)

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## HR Solutions

> You can sue for damages on the basis of breach of contract. Though the lessor didn't yet sign the lease agreement, there was tacit agreement that the lessor leases this apartment to you. A strong point on your side is that you paid the deposit.


And that would be just waste of money because you do not stand a chance of getting anything out of it !
All that would happen is the lawyers will make some money out of you.
Why don't you ask someone like Vanesh to do it for you and agree to only pay him if you win ?

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## Citizen X

> And that would be just waste of money because you do not stand a chance of getting anything out of it !
> All that would happen is the lawyers will make some money out of you.
> Why don't you ask someone like Vanesh to do it for you and agree to only pay him if you win ?


HR, there is no monopoly on viewpoints expressed on TFSA. As such, anyone can express a view.
Based on the information provided, there is a _prima facie_ case for breach of contract. Our courts have long held that a contract needn’t be in writing. Naturally, confirming any contract to writing is wise for obvious reasons.
HR, I would like to impress upon you that ‘The Law of Sale and Lease,’ is an advanced area of law.

HR, can you motivate the legal opinion that you have expressed?

For ease of reference I include your legal opinion here

*"*And that would be just waste of money *because you do not stand a chance of getting anything out of it."*

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## HR Solutions

> HR, can you motivate the legal opinion that you have expressed?


My daughter is a lawyer

Why don't you do this for them on a contingency fee basis and get paid if and when you win ?

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## Citizen X

> My daughter is a lawyer
> 
> Why don't you do this for them on a contingency fee basis and get paid if and when you win ?


Only if you provide your next 10 000 clients with free services

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## Greig Whitton

> HR, there is no monopoly on viewpoints expressed on TFSA. As such, anyone can express a view.


HR has a long history of abrasive, hyper-opinionated, and obnoxious posting that borders on trolling. Ignore him.

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Blurock (01-Jun-17), Citizen X (01-Jun-17)

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## Citizen X

Hi Greig,

I respect and accept him nonetheless :Thumbup:

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## HR Solutions

> HR has a long history of abrasive, hyper-opinionated, and obnoxious posting that borders on trolling. Ignore him.



LOL .... so do you ..... the difference is you are often wrong

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## HR Solutions

> Only if you provide your next 10 000 clients with free services


Vanish just as a matter of interest we often provide charity work.
Secondly why on earth would I do *10000* clients with free services ??

Thirdly I never ever said you must do something for free - I suggested you do this work and get paid when you win ......... if you were so sure about it instead of attacking me back why don't you do it ?

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## Citizen X

> Vanish just as a matter of interest we often provide charity work.
> Secondly why on earth would I do *10000* clients with free services ??
> 
> Thirdly I never ever said you must do something for free - I suggested you do this work and get paid when you win ......... if you were so sure about it instead of attacking me back why don't you do it ?


I reject your suggestion. However, I do thank you for thinking about my best interests, if you really concerned about the same.

HR, I’m certainly not attacking you. That being said, *you can’t police my reaction*. I’ve already emancipated myself from ‘mental slavery,’ and I’m encouraging my people to do the same.

I don’t have a malicious bone in my body. *2000* people from the “Precast Informal Settlement Ward 8, Lenasia,” will attest to this!!!!
I can walk freely to this informal settlement at any time day or night. In fact, I sometimes take a walk there at 2 am in the morning! Even the dogs of this informal settlement are familiar with me! I know what contribution I'm making to South Africa. I needn't elaborate.

I haven’t been to church in over 15 years. My last church service was about 2 months ago in the "Precast Informal Settlement: “ Greater Works Ministry.” It was the best church service I experienced in my life!

*I share this with the world proudly and openly!
*
I have no reason whatsoever to “attack,” you or anyone else.

My question to you is this : Will you be able to *walk*  to this informal settlement at 2 am alone?? I think not, you'll need to first earn the respect of these good human beings. 

*This wonderful community have accepted me as a son of their land.* I’m proud of *my 2000 friends* in the “Precast Informal Settlement,” and guess what, they proud of me.

*You see, I care about the marginalized of society. Do you??* I’ve dedicating my life to help these wonderful human beings in any way I can.
*Change is coming to Lenasia, and it’s coming soon!!!!
*
“We Revolutionaries, YOU KNOW. ME, see myself as a revolutionary who don’t have no help from *NO ONE*, and take *NO BRIBE from no one*. I fight single hand with MUSIC.” BOB MARLEY

In brief, I’m not attacking you whatsoever. I simply have no need to do so and perhaps more importantly no time to do so.

That said, *peace and respect, my fellow TFSA member.* :Thumbup: 

United we stand, divided we fall.

*Might I suggest, that we work together for the greater good of South Africa?? As opposed to petty argument*

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## HR Solutions

I have no idea what walking in a settlement has go to do with helping this lady !
I still say if are so sure then do this for her and get paid if/when u win.

As u say ... Let's work together

But the fact is you can't be giving professional advice to someone where they are going to spend money to try to get money they probably never will get !

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## Dave A

True charity is sweetest when it is a gift freely given rather than an obligation placed by someone else being fulfilled. Let us not sour the blessings of giving by attempting to place an obligation on others.

If you want to volunteer someone, I gently suggest it best to volunteer yourself.

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Citizen X (02-Jun-17)

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## Citizen X

> I have no idea what walking in a settlement has go to do with helping this lady !
> I still say if are so sure then do this for her and get paid if/when u win.
> 
> As u say ... Let's work together
> 
> But the fact is you can't be giving professional advice to someone where they are going to spend money to try to get money they probably never will get !


HR, the risk then falls on the individual who accepts the advice. Advice is for free here and, you don't need to take it!

That said, this conversation is going no where. I will not engage you further in this regard. You remind me of an individual by the name of "kevin,' who was once suspended from TFSA

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## HR Solutions

> HR, the risk then falls on the individual who accepts the advice. Advice is for free here and, you don't need to take it!


WoW ..... so if you don't really know and accept bad advice then you take the risk ......... and just cough and pay  :Mad: 


I agree this thread is going nowhere ........ lets leave this one.

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