Moving out? What tenants need to do before moving out
We all know that moving can be stressful and time-consuming, but before you start packing your boxes, there are certain things that you need to keep in mind before move-in day. As stressful and time-consuming as moving might be, it can also be exciting as you are moving on to better and greater things. However, as a tenant, there are certain things that you need to keep in mind before you move into your new dream home: Lease agreement: You’ve thought about moving for some time, and finally decided it’s time to move out of your current home. But first, make sure to review your lease agreement and familiarise yourself with all the terms and conditions therein. For example, it’s very important to know how long your required notice period is. Once you have familiarised yourself with all the terms and conditions, you will have a much better understanding of what is expected of you before you move out. Letting your landlord know: Most lease agreements stipulate that a tenant must give at least one month’s written notice before moving out. So, make sure to prepare your notice and communicate this to your landlord within the appropriate timeframe. In your notice, you can stipulate what date you will be moving out, what you might need in order to restore the property to its original state and you can request your deposit. However, if you plan on cancelling your lease early, make sure to request and receive permission from your landlord prior to moving out. If you don’t do this, legal action can be taken against you. Inspect the property and fix any damages caused by you: Depending on your lease agreement, you could be the one responsible for returning the property to its original state before you move out. That is why it is so important to be familiar with the terms and conditions found in your lease agreement. You need to inspect the property and look for any damages that could have been caused by you or damages that occurred while you were occupying the property. Make sure to take care of these damages, otherwise, your landlord could keep your deposit or only pay back a portion of it in order to pay for repairs. Sort out all accounts linked to your property: Before moving into your new home, make sure that all accounts linked to your previous home have been cancelled or moved and that you do not owe anything. These accounts include electricity, water, Wi-Fi, TV subscriptions etc. Also, ensure that all your service providers are aware of the move and provide them with your new address. As a tenant, your home was never really yours, however, it remains your responsibility to ensure that the property is restored to its original state. Think to yourself, “Would I be happy if I received the property in this state?” It is recommended not to overlook these steps, as it will help to make the whole moving process run a lot smoother and you will get your deposit back quicker. It’s a win-win situation for both the tenant and the landlord. This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)
Why is my property transfer taking so long?
After signing a deed of sale, the purchasers often want to move into the property as soon as possible. When they are informed of the process involved prior to the property being transferred this may damper their excitement. There may also be delays in the transaction. In order to avoid unnecessary frustration, it is vital that parties to the transaction understand the processes involved and that delays are sometimes inevitable. The deed of sale will normally be the starting point in a transaction for a conveyancer who has been instructed to attend to the transfer. This conveyancer is also known as the transferring attorney and is normally the main link between the other attorneys involved the transfer transaction. Postponements, delays and interruptions A major role of the conveyancer is informing any mortgagees, for example banks, about the transfer so that any notice periods for the cancellation of bonds can start running. The notice period is usually up to 90 days. The transfer may be delayed as a result of this notice period. Obtaining the various certificates, receipts and consents applicable to the transaction in question also takes time. Examples of these is the rate clearance certificate, transfer duty receipt, homeowners’ association’s consent to the transfer, levy clearance certificate, electrical compliance certificate and plumbing certificate. The time it takes to obtain these certificates will differ from case to case. After an inspection by a plumber or electrician, for example, it may be found that certain work needs to be carried out before the certificates will be issued. Once all the documents are lodged at the Deeds Office by the conveyancer, an internal process is followed, which has different time frames in the various Deeds Offices. This time frame can also vary in a particular Deeds Office. It is best to enquire from your conveyancer what the Deeds Office time frame is at any given stage. There are many ways in which the transfer process could be delayed, these are just some of the examples. If you feel that the process is taking too long, then you should contact your conveyancer. Reference: Aktebesorging, UNISA 2004, Department Private Law, Ramwell, Brink & West This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)