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Thyme Investments came to the assistance of 20 pensioners living at Rosehaven in Queen Street in Durbanville at a meeting held last Monday.
The seniors, who only receive a pension grant from South African Social Security Agency (SASSA) – some of whom have rented units at the Communicare social housing facilities for 20 years or longer, were told earlier they have to relocate by the end of this month.
TygerBurger was not allowed to attend the meeting, but according to minutes of the meeting emailed to TygerBurger by Stéphane Jallat, one of the trustees of Thyme Investments, tenants were granted six month’s notice, starting from 30 April – until end October – to arrange their relocation.
Rosehaven consists of Rosehaven Flats, the Communicare social housing operation, and Rosehaven Gardens, which residents are not affected by the relocation. Residents of Rosehaven Gardens were life-right owner up until the sale, but it has now changed to a sectional title scheme.
Joint venture
The relocation came after Rosehaven Flats was sold by Communicare to Thyme Investments in October last year. The transfer was concluded in March and Thyme was forbidden by Communicare to communicate with lessees until then.
Trilogy Group and Southern Fort Properties have purchased Rosehaven Gardens in a joint venture.
The pensioners – all between 70 and 85 years – were told in March in a letter by Lilac Moon Trading and Investments that they have been appointed by the new owner of Rosehaven to manage it in future and to assist residents with relocation for the proposed refurbishment of the complex. This was the first word they have heard that they need to relocate. The only other communication was when Communicare notified them in November last year that refurbishments will take place, but nothing was stated about relocation.
In the minutes of the meeting Thyme says that Rosehaven Flats was acquired with the intended purpose of running a retirement facility – mainly dedicated to assisted living for frail care residents with inclusive packages being offered. These packages will include facility management, meals and full-time nursing services.
Increased cost
“The operation of such a facility will out of necessity result in an increase of fixed costs over time, which may result in higher monthly rental packages than those currently paid by the tenants. Whilst this may not be acceptable, it is unavoidable in the current economic climate we find ourselves in,” Jallat says in the minutes.
“The building unquestionably requires renovations to conform to the latest building standards and compliance requirements. These renovations must happen with immediate effect for the safety and wellbeing of the current residents. It would be unconscionable of Thyme to knowingly permit its tenants to occupy buildings that are unsafe to occupy,” he says.
“Thyme, in the best interests of all concerned, committed to rectify this glaring issue as soon as possible to avoid compromising the tenants any further. To that end, materials have already been delivered to the site, and the contractors are due to start the work this week,” he says.
It will be coordinated with each tenant to obtain access to his or her unit to allow contractors to perform the needed work. The first-floor units are the priority for compliance requirements.
“Those tenants who can afford the new packages can apply to lease available and unallocated units afresh and their application will be given priority,” he says.
New packages
“The tenants that cannot afford the new packages are obliged to relocate to alternative accommodation which will be suitable to their needs and take into account their personal circumstances. To this end the services of a social worker have been engaged on an ongoing basis to meet with the tenants affected and assist them with this process,” Jallat says.
At the meeting a few tenants indicated that they expected to stay indefinitely as tenants of their units.
“Thyme confirmed that the only agreement in place with each tenant is a standard lease agreement which can, in law, be terminated with written notice by either party like any other lease. As the new owner of the property, Thyme is bound by the existing lease agreements and cannot grant rights that are not found in the respective lease agreements,” Jallat says.
“Tenants at all times have access to the services of the social worker experts, Famwell, at Thyme’s cost. This is a service Thyme is not obliged to offer, but does so out of good faith and its own pocket,” he says.
To ensure the matter is brought to finality, by end of May the tenants will either complete an application with the required personal assessment with Famwell or submit the proof of application made directly to alternative facilities to Famwell, should an alternative service provider be used, he says.
Follow-up meeting
A follow-up meeting with tenants will be held to assess compliance with the conditions at the end of May.
“Famwell will report monthly to Thyme on the progress made to find dignified alternative accommodation and each alternative accommodation opportunity tendered to tenants within their means. If a tenant refuses the alternative accommodation within their means, proposed by Famwell, a specific meeting will be held with the tenant to understand the reasons.
“Tenants are reminded the buildings they currently lease are not safe to occupy, and Thyme is obliged by law to rectify this.”
Jallat says all tenants present at the meeting agreed to give access to their units to the contractors to perform compliance work when requested.
“A suitable arrangement for both Thyme and the tenant would be to renovate the vacant units first. When the time comes to attend to an occupied unit, the tenant will be assisted in moving to the nearest available and unallocated renovated unit for the remainder of the period,” he says.
Communicare could not respond in time for publication. Their comment will be covered in a follow-up article.
