Sunday, 22 December 2024

The Voice - Consumer's Voice

Must I pay?

I was renting a flat in Gaborone since January 2022. The initial lease was for 1 year which was subsequently extended twice to January 2025. In September 2024 my employer wrote me a letter of transfer from with effect from 1 October 2024. On the 23rd September 2024, I gave the property administrators one calenda months' notice to terminate the lease agreement with effect from 31 October 2024 and provided them with the letter of transfer from my employer. I vacated the premises on 26 September 2024 and in October 2024, I repainted the flat as per the lease agreement at my own cost and carried the required maintenance. I paid the October 2024 rent and paid my water bill and then applied for termination of the water account which was in my name. The property administrator then informed me that my lease agreement had no termination clause and I am liable to pay rent for the remaining period of the lease should they fail to get another tenant. They even asked me to look for tenants as well.

I need your advice in this matter. The administrators have sent me statements for the 3 from November 2024 to January 2025, which I am reluctant to pay since in my view I gave adequate notice to vacate the premises and terminated the lease.


You don't need to be a lawyer to understand that this all depends on what's been put in writing. You sent me a copy of your lease and they are correct, there is no termination clause. Also, in both the extensions you had to the lease, it said that the previous conditions would continue. Realistically, I think you're committed to the end of the lease period. It might be worth trying to find another tenant who can take it over from you but it's critical that you keep talking to the property administrators so they don't think you're trying to evade your responsibilities.

The lesson from this is that whenever you sign a lease, no matter what it's for, whether it's residential or business, always insist that there's a termination clause. And always read the lease agreement thoroughly. And then read it again. If necessary, talk to someone who knows about these issues who can advise you on whether the lease is reasonable for both parties.

It's been patched!

I need your help. I bought items at a furniture store in November 2023 a set of sofas and a king double bed. When sweeping I realized that one single sofa seems it has been patched. Meaning might have teared and was patched. The other one the staples are visible and around the staples the fabric is already tearing. I called them and sent the pictures of the sofas. They sent someone to look at them and said they'll help even today they are not helping.


No, this is not acceptable. You are being mistreated.

Section 15 of the Consumer Protection Act says that a:
"consumer has the right to receive goods which are of good quality, in good working order and free of defects". 
A sofa that has been patched clearly isn't "free of defects", is it?

But I'm not surprised. You told me the store you'd visited, and they have some history of ignoring the rights of their customers. I contacted them about another consumer's complaint and they assured me that they only offer a warranty of three months on the goods they'd sold. I'm sure by now that all readers of The Voice know that the law says a consumer can return faulty goods within six months, not three.

I think it's time I contacted this store and remind them again about how they need to treat their customers.

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