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Dear George

Sent by registered mail:

To: Mr George Hegarty,

This letter serves to confirm my position with respect to the termination of the lease governing my residence at 12 Silverhill Crescent, Kenilworth, Cape Town, that we signed in April of 2007.

Clause 8 of the lease states the following:

         Resident may terminate this agreement before Expiration of the original term by:
         (a) Giving management at least one month's written notice to be effective only on the last day of a 
         given month; plus
         (b) Paying all monies due through date of termination; plus
         (c) Paying an amount equal to one month's Rent; plus
         (d) Returning residence in a clean, ready to rent condition;
         (e) Paying for advertising necessary to rent residence.
Accordingly, on the 30th of July, 2007, I gave you written notice stating that I wished to terminate the lease effective on the last day of August, 2007. You have accepted this notice, as per your letter to me on the 6th of August, 2007. As a result of this, the lease will terminate on the 31st of August, 2007, contingent on my fulfilling the rest of the conditions of the clause.

As stated in writing at the bottom of page 1 of our lease, I gave you R5000 in April 2007, which covers “the first and last months rent”. Since August 2007 is now the last month of the lease, it is covered by this money. The notice I received from you regarding money for electricity and water was fulfilled immediately, so there are no more monies due from me to you through 31st August 2007, the date of termination described above.

On the 13th of August, 2007, I transferred a sum of R3000 into your bank account, which constitutes “an amount equal to one month's rent” as described in part (c) above. In addition, on the 12th of August, 2007, I removed all of my belongings from the property, and cleaned the room, leaving it in the state in which I found it. I will refund an invoice for a reasonable standard rental housing advertisement if presented to me.

As described above, I believe that I have fulfilled my obligations according to the lease which we signed. However, on the 5th of August, 2007, you confiscated my keys and ordered me to remove my car from your property. As determined by the Rental Housing Tribunal on the 8th of August, 2007, this constituted an act of illegal lockout, and you were ordered to return my keys to me.

Shortly after this, I went out of town on holiday. When I returned, I came to the residence at 12 Silverhill Crescent to find that you had removed my bed and several other items of furniture from the room, and had gone through my belongings and dumped them on the floor of the room. This violates points 4(2) and 4(3) of the Rental Housing Act of 1999. In addition, there was a notice in my room stating that you would be charging me R25 per day for parking on the property, and a notice on the gate control instructing the other tenants of the house not to open the gate for me. These constitute illegal unilateral alterations to the agreement we had between us.

At this point, some friends and I attempted to remove some of my belongings from the property, and you ordered them, with much profanity and a raised voice, to leave the premises immediately, threatening to call the police if they did not comply. Since they were bona fide visitors of mine, this constitutes a violation of point 4(4) of the Rental Housing Act of 1999.

I will be in further communication with you as regards the events described above, but I consider my obligations under the lease to be fulfilled. Accordingly, I will require you to refund me my deposit of R3000, plus interest accrued, at the end of August 2007, as detailed in point 5 of the Rental Housing Act of 1999.


Jonathan Hitchcock