Realestateweb - Gloves off as Trafalgar takes on the city of Tshwane - Residential - South Africa's fastest-growing property website

Realestateweb - Gloves off as Trafalgar takes on the city of Tshwane - Residential - South Africa's fastest-growing property website

Trafalgar Property Management is taking its six-year long battle with the Tshwane Metropolitan Council back to court after the council failed to comply with a court order against it. Attorney Dewald de Beer says his client will apply to have the matter placed on the unopposed court roll after the city failed to meet the 15-day deadline to file an opposing affidavit. This was after the council indicated it was going to oppose an application to have the Tshwane Metro declared in contempt of court.

The application was lodged after the city apparently failed to comply with a court order. The dispute first arose in 2005 when Trafalgar discovered that around 30 body corporates under its management in Pretoria were being billed for individual owner's arrear electricity accounts. These are the accounts for which body corporates are not legally liable for under South African law. Trafalgar says the discrepancy was immediately reported to the Metro which gave the assurance it would correct the accounts. However, this was in vain. "...No action was taken and month after month Trafalgar clients continued to be billed not just for the same arrear accounts, but for additional charges accrued including final demands, final cut offs and interest." A statement says the bodies corporate involved soon accrued debts running into hundreds of thousands of rands.

To add insult to injury, the council then began disconnecting services almost on a monthly basis. This was not done to single units deemed to be in arrears, but to entire blocks and sectional title complexes.

Gareth Shepperson

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