Real Estate Investor Magazine South Africa August 2016 | Page 9

PROPERTY ADVICE LEASE NEGOTIATIONS Q T MICHAEL BAUER PROPERTY SPECIALIST I am a sectional title member and have noticed over time that the trustee of the body corporate has become fairly negligent bordering on incompetent. What can be done to ensure that the levels of expectation are met? he position of trustee can be tough in that they are working for no pay but often have to put in many hours and it can cause some trustees to become disillusioned and noncaring. If body corporate members find this happening they must make use of the Prescribed Management Rule 53 which allows them to call the trustees to organise a special general meeting – provided that the members can show that 25% of the scheme’s members are in favour of such a meeting. If, after 14 days, the trustees have not complied with the request, the PMR allows any owner in the scheme to call such a meeting himself – at which point it is possible to bring about the instant dismissal of some or all the trustees and the election of new trustees. OFFSHORE Q L GILES BESWICK INVESTMENTS STATEGEST Is London still the first and best place to invest in the UK? What are the reasons to move away from London Investment? ondon’s growth cycle is ending. Figures published in April show that some properties in the prime central London sector have seen asking prices slashed by as much as 40% since coming onto the market. London was also recently downgraded in PricewaterhouseCooper’s Urban Land Institute’s Emerging Trends in Real Estate index from a top 10 city to 15th, lower than even the volatile Turkish capital of Istanbul. Furthermore, with the high average cost of a London property exceeding the limit South Africans are permitted to move out of the country in a single year, the British capital is quickly losing its investment allure. FINANCES Q I have just put in an offer for a distressed property from the liquidators who are representing the bank. The offer has been accepted but there is a tenant on the property with no lease agreement who refuses to leave the premises. What is the best option to remove the tenant legally off the premises once we take ownership of the property? I MARLON SHEVELEW ESTATE AGENT f, as you say, there is no lease agreement in place at all, he/ she is not in fact tenants but an unlawful occupier. If the liquidators are correct that it is your responsibility to evict the occupier, the only lawful way to remove him/her is by following the procedure laid out in the so-called PIE Act. Without a lease — and with no consent to remain on the property prior to the sale — you would not be obliged to give any notice before bringing the eviction application. If unopposed, a PIE application would take in the region of six weeks. DO YOU HAVE A PROPERTY QUESTION YOU WOULD LIKE ANSWERED BY OUR EXPERTS? If so, post it on ASK THE EXPERTS on www.reimag.co.za or email [email protected] www.reimag.co.za Ask The Property Experts click here AUGUST 2016 SA Real Estate Investor 7