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Law of Lease

Law of Lease. What is a lease?. Lease is a contract whereby one party ( Lessor /Landlord) undertakes to give the other (Lessee/Tenant), the use of a thing, either partially or in full, for a period of time, in return for a certain or acertainable price, which the Lessee undertakes to pay.

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Law of Lease

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  1. Law of Lease

  2. What is a lease? • Lease is a contract whereby one party (Lessor/Landlord) undertakes to give the other (Lessee/Tenant), the use of a thing, either partially or in full, for a period of time, in return for a certain or acertainable price, which the Lessee undertakes to pay.

  3. Requirements (Essentialia) • Specified property or thing • Use and enjoyment of the property • For a period (temporary) • For a price (rent)

  4. Duties of the Lessor • To deliver use & occupation or enjoyment of the property • To deliver the property in a proper condition & to maintain the property • Not to interfere with the Lessee’s use & to protect him against eviction • To compensate the Lessee for additions & improvements • To pay taxes

  5. Duties of the Lessee • To pay the rent • To use the property for the purpose for which it was let & to take care of the property • To return the property undamaged

  6. Situations where Lessor has remedy • Tenant does not pay the rent • The tenant misuses the property • The tenant fails to return property at end of lease • The tenant returns the property in a damaged state

  7. Situations where tenant has remedy • If landlord breaches duty to deliver property • If landlord fails to maintain property • If landlord breaches warranty against interference • If property sold during lease • If tenant makes improvements to property

  8. Termination of the Lease • Expiration of the specified period • By notice • By agreement • Cancellation • Supervening impossibility of performance • Merger

  9. Third Parties • Lessee may sub-lease unless prohibited • May assign rights & duties with consent • May cede rights unless prohibited • May only delegate duties with consent • Huurgaatvoorkoop

  10. Tacit Hypothec • Landlord automatically acquires a hypothec over all movables (even if belonging to 3rd party) on premises as soon as tenant in arrear with rent. • Landlords Automatic Rent Interdict

  11. Rental Housing Act 50 of 1999 • Applies to all residential leases • No discrimination • Rights of landlords and tenants • Inspection • Deposits • Receipts etc…. • Rental housing tribunal

  12. Consumer Protection Act • Limitation of period of lease to two years • Requirement to bring any limitation of risk to tenants attention • Must not be unfair • Plain language etc

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