President Cyril Ramaphosa (“the President”) on 23 March 2020 announced a nationwide lockdown (“the lockdown”) to limit the spread of the Covid-19 virus. Everyone, excluding essential service providers, as defined, is subject to the lockdown, from midnight on Thursday, 26 March 2020 to midnight on Thursday, 16 April 2020 (“the lockdown period”). The Minister of …
The Rental Housing Act 50 of 1999 (“the Act”) governs all residential lease agreements in South Africa. Section 5(5) of the Act states that should a tenant remain in the leased property subsequent to the date of expiry of the lease agreement, the parties are deemed to have entered into a periodic lease on the …
The Rental Housing Amendment Act 35 of 2014 (“the Amendment Act”) will bring about important changes to the relationship between Landlords and Tenants, once it comes into effect. This Amendment Act is not in force yet (the Rental Housing Act 50 of 1999 is still in force), but the President has assented to (on 5 …
Changes coming for landlords and tenants: Rental housing amendment act by Cleo Cupido Read More »
Introduction When a lease agreement expires, it is common that parties do not enter into a new written lease agreement, but simply renew and thereby extend the current lease for a further period. In the recent Constitutional Court case of Mokone v Tassos Properties CC and Another [2017] ZACC 25 (“Mokone”) the court considered whether …
When it comes to letting a property – both the tenant and the landlord should always enter into any letting agreements openly and honestly and intending for each party to get proper value. Often it’s the approach which the parties adopt which will determine whether the relationship between the parties and the benefits they derive …