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. To deliver use & occupation or enjoyment of the property
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. To return the property undamaged
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. Lessee may sub-lease unless prohibited
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
Huur gaat voor koop

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.

11. Applies to all residential leases No discrimination
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
Can cancel on 20 days written notice
Requirement to bring any limitation of risk to tenants attention
Must not be unfair
Plain language etc