1 / 12

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.

danika
Download Presentation

Law of Lease

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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

More Related