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The Saturday Argus reports that new Consumers Protection Act (CPA) has many benefits for the South African public, but enforces legislation that could negatively affect landlords and property managers earning a living from rental property.
Michelle Dickens, managing director of TPN property credit bureau, advises property managers and landlords to seek legal advice when it comes to interpreting the language of the act.
The Argus quotes her as follows : “The CPA is very positive for consumers but poses concerns for those invested in the property rental market. Many aspects of the act remain unclear and businesses need to empower themselves through knowledge.”
It is clear that a rental agreement is specifically defined as a service in the CPA, and tenants who contract in their personal capacity (or juristic capacity earning below an income threshold still to be determined) will enjoy the protection of the CPA.
Marlon Shevelew, property legal expert and founder of Marlon Shevelew and Associates, believes the act will have a strong impact on rental property, as it will introduce uncontrolled and seemingly unfair rights for tenants.
The Argus quotes her : “In many instances tenants will now be able to get out of lease agreements at the expense of property owners and managing agents. It will also enable them to simultaneously place added obligations and additional burdens such as extra expenses and legal restraints on landlords and managing agents,” says Shevelew.
Shevelew says property managers and landlords need to be aware of the following:
- The act contains various sections which are unclear if they apply to rental property. This makes it virtually impossible for landlords and property managers to discern transgressions of the CPA.
- All documentation, such as lease agreements must be written in plain and understandable language to comply with section 22 of the CPA.
- The act introduces constraints on direct marketing and the definition of discrimination is ambiguous, which will make it more difficult to run rental businesses.
“The CPA will affect the rental industry in a number of ways,” Shevelew says. “Section 14 of the act, among others, clearly gives tenants rights to terminate fixed terms agreements on 20 business days’ notice. Landlords or managing agents can hold tenants liable for the rent until the cancellation date and a reasonable cancellation fee. The concern is the determination of what a reasonable cancellation fee is.
“Section 14 also affords tenants 20 business days to remedy any breaches of agreement. This will certainly delay the ability of landlords or managing agents to proceed with cancelling any contracts or legal actions before this 20 business day remedy.
“Compounding this is the inherent right of tenants to raise defences of discrimination, unclearly worded lease agreements and others to guard themselves against the relief that landlords might need to terminate leases or evict tenants.
“The downside is that property owners and buy-to-let investors will be uncertain of their rental income, their bond repayment shortfalls and their ability to use lease agreements as collateral security for bank loans, to mention a few.”
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How much can I borrow for a mortgage?
One of the first question everyone asks when they are thinking of buying a property is ‘how much can I borrow?’ This is not an exact science and all banks have methods to calculate affordability. Since the introduction of the National Credit Act this has become even more complicated. The most accurate method of establishing how much you are eligible to borrow is to contact a qualified mortgage broker.
Salary Multiples
A mortgage lender will lend you money based upon what they think you can afford to repay on a monthly basis. The calculation they used to use is broadly that 30% of your gross monthly income must be your maximum monthly mortgage repayment. Therefore if you earn R20,000 per month gross then your maximum repayments should be R7,000.
Under the National Credit Act, lenders now have to base your eligibility calculations on your monthly ‘disposable income’. To calculate this you need to take your gross income, less all the deductions like tax and UIF to get your Net income. They then calculate what your total monthly expenses are; groceries, car insurance etc, and finally they subtract all you month commitments to any existing debt you have such as credit card, vehicle finance, or loan repayments. The balance (if there is one) is your maximum monthly mortgage repayment.
The banks normally add in a ‘buffer’ for interest rate rises etc, so you may actually only qualify for 85% of this figure. You then need to work backward to get the actually bond amount these monthly payments will allow you to service.
A lender will look at your bank statements and your regular outgoings to check that the expenses you have declared are in line with your outgoings on your bank account. They also have access to the Credit Bureau’s information so they can check that the liabilities that you have declared are correct. If you run a tight ship with regard to your finances, you may be able to get a bigger mortgage than you would do under the traditional salary multiple guidelines. Conversely, if you’re already ‘maxed out’ with credit cards and personal loans, you may not get offered as much.
The National Credit Act (NCA) means lenders will be tightening their credit policy so as not to fall foul of the ‘reckless lending’ as laid out in the Act. This will not only mean that lenders will start using individuals net income for their calculations, but also they will look specifically at what other borrowings the applicant may have before they make a decisions on the applicants borrowing eligibility.
For a quick check to see how much you are eligible for please go to our mortgage calculators. The various lenders do vary in how much they will lend you depending on their individuals assessment of your risk.
Other income
Other Income
Lenders will take into account other income that you may have such as rental income, investment and dividends etc. Again, lenders do vary in how they view secondary income streams. Therefore you should always speak to your Mortgage Plus consultant to assess your full range of options.
As a rule of thumb lenders will take into account 50% of your rental income on a rental property. It is up to you as the borrower to prove this income. You must be able to show money going into your bank account and lease agreements. The longer the lease, the more they will value the rental income.
You can also take into account ‘contributions’ from other family members if they are living in your property. If a partner, or child is making a contribution to the ‘family finances’ then the banks will use it. Again, the onus is on you as the borrower to prove this.
Commission earner
If you are a commission earner the banks will take this into account. However, the best way to prove this to the bank is to provide six months payslips and calculate the average commission earnt.
Annual bonuses
These can also be taken into account but you will have to prove them with entries on your bank statements and letters from your employer.
Self-employed individuals
It is harder for banks to lend to self-employed individuals because it is often harder to prove the income. The better you manage your accounts (and the more accurately) the easier it is for the banks to lend to you. Proof of your income will have to be provided in the form of Audited Financial Statements, latest management accounts and six months bank statements, as well as a letter from your accountant verifying your income.
Partners / Spouse’s income
If you are purchasing with a partner or spouse then lenders will take their income into account.
Note: Remember that banks want to lend money. That is how they make money. The banks have come under considerable pressure since the introduction of the National Credit Act not to ‘lend recklessly’. Make it easy for a lender to grant you a loan by managing and recording your finances carefully.
By choosing Mortgage Plus for a loan, you will get that continual service to make sure you are getting the best deal possible.
CONTACT US
Speak to a home loan consultant about financing your new property or reviewing your existing mortgage. We are able to assist in lowering your bond repayments and securing attorney discounts.
Complete this short form online
Call us on 011.327.4489
Email: morne@mortgagepluscc.co.za