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Selling or leasing property? Take note of the new property practitioners act By Maxine Smet

INTRODUCTION The Property Practitioners Act (“PPA”) has come into effect on 1 February 2022. The PPA aims to ensure a healthy property market, to regulate property practitioners and to protect consumers. An important example of consumer protection is the compulsory inclusion of a property defects disclosure form (“disclosure form”) for both property sales and rentals. …

Selling or leasing property? Take note of the new property practitioners act By Maxine Smet Read More »

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

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 …

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

Who are occupiers in terms of the EST act and why are they excluded from the ambit of the PIE act?

The Prevention of Illegal Eviction and Occupation of Land Act 19 of 1998 (“PIE Act”) provides, inter alia, the procedures for the eviction of unlawful occupiers. Section 1 of the PIE Act defines an “unlawful occupier” as someone who occupies land without the express or tacit consent of the owner or person in charge or …

Who are occupiers in terms of the EST act and why are they excluded from the ambit of the PIE act? Read More »

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