Can we claim the balance and the cost of repair from the agent?
We live abroad and rent out our property in Durban. It is managed by a local agent. He leased the property to a tenant who suddenly vacated with arrear rental of 3 months including considerable damage to the property. We have been able to recover part of the shortfall from the deposit. However can we claim the balance and the cost of repair from the negligent agent?
Your claim will be against the tenant and not the agent, which will mean you have to trace the ex-tenant and sue for arrear rental and damage to the property. Agents practically cover themselves in the management agreements you sign with them, and pay their commissions first. You can however lay a complaint with the agency he works with as well as the estate agents board where agents should be properly registered. He may be sanctioned and compelled to reimburse you for some of your losses if found grossly negligent.