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Penalties for late rental payments in a residential lease agreement by Bianca du Toit

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Are penalty clauses for late rental payments in residential lease agreements enforceable? The Rental Housing Act 50 of 1999 (“RHA”) regulates all residential lease agreements and provides for provincial regulations regarding unfair practices. Section 15(1)(f) of the RHA states the following: “The MEC may, after consultation with the relevant standing or portfolio committee of the …

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Cancellation of residential lease agreements and the consumer protection act by Waseem Hussain

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In the unsettled current economic circumstances, tenants are often unable to continue with fixed-term residential lease agreements, resulting in early cancellation of the lease. Tenants who are “consumers” in terms of the Consumer Protection Act (“the CPA”) are entitled to early cancellation of a fixed-term lease.  Section 14(2)(b) of the CPA provides that if a …

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Lockdown And Leases: Do Restrictions Reduce Rental? by Zorada Temmingh & Waseem Goolam Hussain

Property Law / By

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 …

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Termination of a Residential Lease: What does ‘one month’s written notice’ mean? by Marieke du Toit

Property Law / By

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 …

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Changes coming for landlords and tenants: Rental housing amendment act by Cleo Cupido

Property Law / By

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 …

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