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  • 1. What is a lease agreement

      • A lease agreement form is an essential legal document that should be drafted and completed prior to the leasing of the property.

        It is a contract between the lessor (landlord) and the lessee (tenant) for the rental of property for a fixed amount of money,
        and involves an undertaking by the landlord to the tenant for the use and enjoyment of the property on a temporary basis.

        This article will examine the law regulating lease agreement templates and
        provide a detail legal scope for a better understanding of what is required in terms of lease agreement.


        ___________________________________________________________
        1 Hutchison and Pretorius The Law of Contract in South Africa (2012 ) 6

Best Free Lease Agreement 2020


  • Lease Agreement for every rental contract situation

      • The following simple residential lease agreement template south africa does not come in a lease agreement pdf format. We provide it rather in a microsoft word doc format (.doc or .docx) lease agreement word.
        This allows you to edit the document as per your requirements.
        Without loosing the text format structure as what will happen if you copy from a pdf template format.

        Lease agreement south africa is created by South African's for South Africans.

        Lease agreement form Of A Flat (Basic Version)
        Basic and best lease agreement for the rental of a flat containing all the necessary clauses

        Lease Agreement Of A Furnished Flat
        Agreement of lease of a furnished flat containing all the necessary clauses to regulate the relationship between the tenant and the landlord

        Lease Agreement Of A Furnished House
        Agreement of lease of a furnished house containing all the necessary clauses to govern the agreement between the tenant and the landlord

        Lease Agreement Of A Garage
        Lease Agreement of a garage where by the Premises shall only be used for the sale, garaging, repair, maintenance and servicing of motor vehicles, the sale of motor vehicle accessories, the sale of petrol and other petroleum products and for purposes ancillary to the motor and garage business and shall not be used for any other purpose whatsoever.

        Lease Agreement Of A Share Block Unit
        Lease Agreement of a share block unit containing all the necessary clauses to make a valid lease agreement and govern the leasing.

        Lease Agreement Of A Shop
        Lease Agreement of a shop containing all the necessary clauses that will govern the leasing of the premises between the parties. whereby the premises is a shop to be used for commercial purposes.

        Lease Agreement Of A Title Flat In A Free-Standing Unit
        Lease Agreement of a title flat in a free-standing unit containing all the necessary clauses to govern the leasing.

        Lease Agreement Of A Whole Building As Offices
        Lease Agreement of a whole building as offices containing all the necessary clauses that will govern the leasing of the building.

        Lease Agreement Of A Whole Building To Be Let As A Shop Or Trading Store
        Agreement of lease of a whole building to be let as a shop or trading store containing all the necessary clauses that will govern the leasing.


  • 2. The rights, duties and remedies of landlords and tenants1

    • The law imposes a number of rights and duties on the landlord
      which thereby gives the tenant a number of corresponding rights and duties.
      In the event of non-adherence of any of these rights and obligations the law provides for remedies to rectify such breaches.

      These elements will be briefly demonstrated below. 2.



      Rights

      Duties

      Remedies

      • Payment of deposit prior to occupation into interest bearing account.

      • Landlord to furnish tenant with written receipt of deposit.

      • Specific performance – the performance of contractual obligations.

      • The tenant has a right to privacy during the lease period.
      • Landlord and tenant must jointly inspect for any defects/damage to the property.

      • Landlord has an obligation to not interfere with tenant’s permissible use of property.
      • It is the landlord’s responsibility to rectify any defect/damage to the property.

      • Maintenance clause in the property lease agreement template.
      • Claim for damages where the party has suffered actual monetary loss as a result of the breach;
      - “Penalty clause”

      • The landlord has a right to prompt and regular payment of rental or other costs in terms of the lease.
      • The landlord has a right to recover unpaid rental or any other amount due and payable.

      • The tenant is obliged to pay the rental amount and other costs;
      - “other costs” must be indentified in the lease.

      • Landlord’s tacit hypothec – landlord obtains a limited real right over the movable goods on the property.
      • Cancellation of the lease – clause in the lease stating that landlord/tenant has the right to cancel “forfeiture clause.”

      • Tenant has a right to suitable living conditions.

      • The landlord is obligated to provide the tenant with a property that is in ‘habitable condition’ (suitable for living.

      • Spoliation order – illicit deprivation of essential services (such as water) must be remedied by the court.


      ___________________________________________________________
      1Dr. S.I. Mahomed Landlord & Tenant – Rights & Obligations (2010) chapter 3

  • 3. Categories of leases and the effect of the huur gaat voor koop rule

    • A centuries old common law principle can pose a problem to landlords who need to move into a property they have leased or if the property is sold to someone who does not want to take over the existing lease. This principle is known as “huur gaat voor koop” and can be translated as “hire takes precedence over sale.” Where ownership is transferred and the lease agreement is still in force the existing lessee cannot be evicted by the new owner of the property since the new owner is bound by the lease2. This rule also applies to a landlord who wants to move into the leased property. You can obtain a simple residential lease agreement template south africa here.

      It is necessary to distinguish between the different categories of lease of immovable property, as the protection of the lessee is different in each case.
      There are three categories of lease of immovable property:
      3.1 Short term lease – the lease of property for a term shorter than ten years. The lease and all rights relating to it will be enforced against the new owner who was aware of the contract3. In the event that the new owner was unaware of the lease agreement, the lessee will still be protected on the basis of the huur gaat voor koop rule;

      3.2 Long term lease – lease of property for ten years or longer. The huur gaat voor koop rule applies for the first ten years of the long term lease and no longer. The lessee will also be protected on the basis that a real right is acquired upon occupation of the property;

      3.3 Registered long term lease4 – lease of property for ten years or longer and registered in the deeds office. These leases are enforced against any new owner of the property as a real burden, whether the new purchaser was aware of the lease or not.
      ___________________________________________________________
      2Van der Walt and Pienaar Introduction to the Law of Property (2016) 326
      3 Spearhead Property Holdings (Pty) Ltd v E & D Motors (Pty) Ltd 2010 (SCA)
      4Maphango v Aengus Lifestyle Properties (Pty) Ltd 2012 (CC)

  • 4. The contents of a property lease agreement template

    • In terms of our common law there are no formalities required for the valid conclusion of a lease, however, there are certain specific clauses which a lease should contain:

      4.1 the names and addressed of the parties for purposes of formal communication;

      4.2 the description of the property;

      4.3 the amount of the rental;

      4.4 reasonable escalation of the rental amount;

      4.5 the frequency of payment;

      4.6 the amount of deposit, if any;

      4.7 the lease or notice period;

      4.8 information relating to the rights and obligations of the landlord and tenant as set out briefly above;

      4.9 information on the amount of any charges payable in addition to rental.

      Having a written lease in place will ensure proper protection for both the landlord and the tenant.

  • 5. The Rental Housing Act5 (“RHA”)

    • The RHA was created to protect the rights of both the landlord and the tenant, in order to promote and facilitate a better relationship between the parties by clearly and separately outlining the rights and obligations of both parties within the rental housing market.

      However, the RHA has often been criticised for its shortcomings, especially in terms of its enforcement. These shortcomings have been addressed by the enactment of the Rental Housing Amendment Act.6

      The aims of the Amendment Act includes to:-

      5.1 set out the rights and obligations of the tenants and landlords in a coherent manner;

      5.2 require leases to be in writing;

      5.3 extend the application of chapter 4 (Housing Tribunal) of the 1999 Act to all provinces;

      5.4 require Members of the Executive Council (MEC) concerned with housing matters to establish Rental Housing Tribunals in all provinces;

      5.5 extend the powers of the Rental Housing Tribunals;

      5.6 provide for an appeal process;

      5.7 require all local municipalities to have Rental Housing Information Offices;

      5.8 provide for norms and standards related to rental housing;

      5.9 to extend offences.

      The Amendment Act protects both the landlord and the tenant from illegal or unfair practices by the other party, and ensures that the Act is easily understood and legally enforced. It is important to familiarize yourself with the changes made to the RHA and how they affect you as a landlord or tenant.

      ___________________________________________________________
      5 Act 35 of 2014
      6 Act 68 of 2008

  • 6. The Consumer Protection Act7 (“CPA”)

    • In protecting the interests of the tenant the CPA effectively trumps other legislation such as the Rental Housing Act8 . The CPA seeks to protect consumers against exploitation, unfair treatment and unscrupulous business practices.

      It is important to note that the Act applies to a residential lease if the property is leased in the ordinary course of business. If the property owner is regularly receiving an income from renting a property and declaring the income to the South African Revenue Service then the lease will be governed by the CPA. However, the CPA does not apply to a residential lease if the tenant is a juristic entity (such as a trust, company or close corporation).

      The regulations of the CPA prescribe that fixed term agreements, including lease agreements, shall endure for a maximum period of two years. This is unless the landlord is able to establish a ‘demonstrable financial benefit’ to the tenant for the conclusion of a lease period exceeding two years9.
      After the expiry of the initial two year period the lease continues on a month-to-month basis unless and until a new lease is concluded between the parties.

      A tenant who is under the impression that his/her rights in terms of the CPA have been infringed can lodge a complaint with the National Consumer Commission, a Rental Housing Commission, or a provincial consumer affairs court, or approach a Magistrates Court or High Court.

      ___________________________________________________________
      7Act 68 of 2008
      8Section 14 of the CPA
      9Section 14(2)(a) of the CPA

  • 7. Expiry of the lease agreement

    • Not more than 80 business days and not less than 40 business
      days before the expiry date, the landlord must notify the tenant that
      the lease is due to expire and inform the tenant of any material
      changes to the lease if it is renewed or continues after the expiry10. The lease will continue on a month-to-month basis, unless the tenant expressly informs the landlord that he/she wants to terminate the lease on the expiry date, or agrees to renew the lease for a further fixed term.

      Although the section is clear about the notice that a landlord must provide, it does not set a deadline for the tenant to respond to the renewal offer.
      The lease should include a clause that obliges the tenant to respond within a certain period to the offer being made.

      ___________________________________________________________
      10Section 14 of the CPA

  • 8. Termination of the lease agreement

    • Every rental agreement is aimed at full performance by the parties, whether it is a long term lease or even a monthly lease with no termination date, there are mechanisms to bring the agreement to a lawful end with our terminated lease agreement template

      The natural way for a contract to terminate is by full performance on both sides or in accordance with the provisions regulating the life of an agreement.
      However, the breach of an agreement by one of the parties may interfere with its natural course and result in early termination.

      The parties may insert provisions into their contract that are designed to regulate the consequences of a breach of the lease agreement11.
      Examples include:

      • A cancelation clause – giving a right to cancel the contract provided that certain procedures are followed (written notice of intention to cancel unless the breach is rectified).

      • A penalty clause to obviate practical difficulties in proving damages;

      • An acceleration clause – making the outstanding balance of debt immediately due and payable;

      The tenant may cancel the lease with 20 business days notice, without the need to prove that there was a breach of the agreement12.
      Regardless of the reason for the cancellation of a fixed term agreement the tenant will remain liable to the landlord for any amounts owed in terms of the lease up to the date of cancellation.
      The regulations of the CPA entitles the landlord to impose a penalty as compensation for the rent lost as a result of the cancelation, but it cannot be so large as to deter the tenant from cancelling the lease.

      Regulation 5(2) provides for factors that can be taken into account when calculating the penalty which includes:
      the rent owing for the remainder of the lease, the rent paid until the date of cancellation, the term of the lease, and the potential for the landlord to find another tenant. The penalty can be determined when the lease is cancelled,
      and the size of the penalty will depend on whether or not the cancellation results in the landlord incurring loss.
      ___________________________________________________________
      11 Hutchison and Pretorius The Law of Contract in South Africa (2012) 311
      12Section 14 of the CPA

  • How to evict a tenant with a lease in south africa

    • As a landlord there may come a time when you wish to terminate the arrangement you have with your tenant. In circumstances where the
      tenant refuses to vacate your premises you need to follow a certain legal process to have the tenant evicted.

      In order to evict an unlawful occupier from residential property, the procedure in terms of Sections 4 and 5 of the Prevention of Illegal
      Eviction from and Unlawful Occupation of Land Act 19 of 1998 (“the Act”) must be complied with. This entails that the landlord has to obtain a
      court order to evict the unlawful occupier. The main purpose of the Act is to protect both occupiers and landowners by providing for the prohibition
      of illegal eviction as well as the procedures for eviction of unlawful occupiers.

      Steps to follow in the eviction process:

      1. Letter of demand and cancellation

      It needs to be established whether the lease agreement has come to an end, either by cancellation due to breach by the tenant, or by
      notice given in terms of the lease. The tenant must be an unlawful occupier, meaning that the lease agreement has come to an end,
      yet the tenant remains in unlawful occupation of the property without the consent of the landlord.

      If the tenant is in breach of a rental agreement the landlord must notify the tenant in writing and afford the tenant 20 business days
      to remedy the breach, unless specified differently in the lease agreement.

      If there is no lease agreement, or the lease is for an indefinite period of time on a month-to-month basis, then the landlord must
      afford the tenant one calendar month’s notice to rectify the situation.

      If the tenant fails to repair the breach within the specified time period and the matter cannot be settled, then the landlord is to
      issue the tenant with a letter cancelling the lease.

      The KwaZulu-Natal Local Division High Court’s recent case law has confirmed that service of proceedings for ejectment constitutes
      notice to a tenant of a landlord’s intention to terminate the lease agreement. A template of a termination of a registered lease
      agreement notice can be accessed on www.LawyersEzyFind.co.za.

      2. Draft eviction papers

      If the tenant fails to remedy the breach and the lease has been cancelled, and the tenant remains in occupation of the premises,
      then the legal process for eviction should be proceeded with.

      The institution of summons together with a notice of motion application should be followed (if the landlord intends to claim
      arrear rental and damages), coupled with an application for eviction.
      The particulars of claim in the summons will contain prayers for the following (where applicable):

      • confirmation of cancellation of the lease agreement;

      • confirmation of rent interdict appearing on the face of the summons;

      • arrear rental up to the date of the summons;

      • interest on the arrear rental;

      • leave to prove damages;

      • interest on the damages;

      • ejectment of the tenant (defendant) from the premises;

      • costs (attorney-and-client or party-and party, as the case may be).

      The notice of motion should contain an ex parte application (part A) and an application for eviction (part B).

      An affidavit deposed to by the landlord must be attached to the notice motion which sets out:

      • the relevant terms of the lease agreement;

      • that the lease agreement was cancelled;

      • that the tenant failed to vacate the premises despite the fact that notice of cancellation was given;

      • the reasons for the requested eviction and why it is just and equitable to evict the unlawful occupant.

      Except in the case of urgent applications, where a different procedure is followed on proper motivation, service of the eviction
      application should ordinarily precede the ex parte application to court. This is to obtain authorisation and directions in regard to
      service of a Section 4(2) notice which contains the details of the hearing of the proceedings on at least 14 days notice to the
      unlawful occupier and the local authority (municipality) having jurisdiction.

      Section 4(1) to (5) of the Act sets out the peremptory requirements for obtaining an eviction order:

      • only the owner of the property may institute proceedings for eviction;

      • at least 14 days before the hearing date, effective notice must be given in writing to the unlawful occupier and
      municipality having jurisdiction;

      • the procedure for serving and filing papers is as prescribed by the rules of court;

      • the court has to be satisfied that the service cannot be conveniently or expeditiously effected to grant service in another manner;

      • the structure and content of the notice of proceedings must be set out.

      In terms of the notice the unlawful occupier (respondent) has five days to oppose the application.

      3. Approach the Court for a date

      Once the application papers are signed, the clerk of the court is approached to issue a case number and provide a date for when
      the main application will be heard. When requesting a date the applicant must take into account how long it will take the sheriff to
      serve these documents, as well as the 14 days requirement above.

      The application papers are then taken to the sheriff for service. On receipt of the return of service, the applicant drafts the section 4(2) notice.

      The notice must set out the following:

      • a statement that says proceedings are being instituted in the court in terms of the Act;

      • the date and time of the court hearing;

      • the grounds for the proposed eviction must be expressly set out order to be effective;

      • that the occupier is entitled to appear before the court and defend the case;

      • that the occupier can apply for legal aid;

      • the unlawful occupier can go to the court hearing on the day it is set down and defend themselves if they believe the
      eviction is unfair;

      • a person who wants to defend the court action should approach the Justice Centre at the Magistrates Court for assistance.

      Upon signing the application the applicant approaches the magistrate at court with the ex parte papers, including proof of
      service by the sheriff. The court will then be requested to consider the contents of the notice and suggested manner of service and to
      endorse its approval or disapproval of the application.

      Once the ex parte application is granted, the section 4(2) notice may be served on the respondent and the municipality having
      jurisdiction. The service must take place in accordance with the directions of the court and at least 14 days before the hearing
      takes place. The 14 day period refers to ordinary days and not court days.

      On the return date the court will hear evidence as to the equity provisions as set out in section 4(6) with regard to elderly persons
      and households headed by women and/or children.

      The court must then, in light of all the facts placed before it, make an order as to what is just and equitable to grant an order for
      eviction considering the provisions of subsections 4(6),(7),(8) and (9) of the Act.

  • How to evict a tenant without a lease in south africa

    • Whether or not there is a lease agreement in place, if a landlord allows someone to reside on the property and accepts rent, this is in fact a
      lease and will be binding on both parties. The same process for evictions followed above must also be followed when there is no lease agreement between the parties.

      Urgent Evictions

      The Act allows for urgent eviction applications which can dramatically shorten the time to evict an unlawful occupier, provided that the owner of the property can show that:

      • there is a real danger or substantial injury or damage to any person or property if the unlawful occupier is not evicted;

      • there is no other effective remedy available;

      • the owner is going to suffer more if the occupier stays on the land, than the occupier will suffer if he/she gets evicted.

      Prior to the hearing of the urgent eviction proceedings the court must give written and effective notice to the unlawful occupier and the
      municipality with jurisdiction, which states the owner’s intention to obtain an eviction order against the unlawful occupier.

      The notice must state:
      • that proceedings will be instituted for an order of eviction of the unlawful occupier;

      • the date and time the court will hear the proceedings;

      • the grounds for the proposed eviction;

      • that the unlawful occupier is entitled to appear before the court and defend the case, and where necessary, has the right to apply for legal aid.

      If the court grants the eviction order a date will be provided therein by when the tenant will have to leave the land, and a date on which the
      eviction will take place if the tenant fails to vacate the land. It is important to note that only the sheriff of the court can carry out the eviction.

      Although urgent relief can be obtained, this places a heavy burden of proof on the owner, and even more so when vulnerable groups are
      involved whose hardship, in the event of an eviction order being granted, may outweigh that of the owner.

  • 9. Lease agreements and Covid-19

    • The South African common law principle of supervening impossibility of performance caters for situations where performance in terms of the contract has become impossible due to unforeseen circumstances after entering into the contract.

      The parties are then excused from performing the terms or obligations of the contract which have become impossible to perform.

      A reasonable person must be objectively unable to perform due to circumstances that are unavoidable and not the fault of either party.
      The current covid-19 pandemic and the national lockdown are considered valid reasons for non-performance.

      Lease agreements generally contain exclusion clauses for purposes of excluding certain claims or liabilities which normally lie in the hands of the contracting parties.
      These clauses generally state that upon giving written notice to the other party, the relevant obligation will be suspended during the continuance of the inability caused and such party will be relieved of any liability during such period.

  • 10. The different types of lease agreement templates

    • Leases differ broadly in terms of the types of agreements that can be drawn up. The structure of a lease is influenced by the lessor’s
      preference as well as the current legal position, and trends in the property sector. Set out below are the different types of lease
      agreements and the circumstances under which it each type should be used:

      10.1 Lease Agreement of a furnished or unfurnished flat – a landlord who leases a furnished flat is entitled to charge a higher rental
      fee. A well furnished property can achieve a rental amount of between 15% to 25% more than an unfurnished
      property. This type of lease is generally attractive to tenants with more money to spend.

      On the other hand, an unfurnished flat would be considerably cheaper and will generally be beneficial to
      tenants working with a smaller budget. In South Africa there is a much higher demand for unfurnished rentals;
      Residential lease agreement templates should be your primary
      starting point to start drafting this contract. We provide multiple rental agreement templates to accomodate for all your requirements.

      10.2 Lease Agreement Of A Furnished House and unfurnished house – the same fundamentals that apply to the lease of a furnished or
      unfurnished flat applies to the lease of a furnished or unfurnished house;

      10.3 Sublease agreement – this is an agreement whereby the tenant leases the property or part of the property to a third
      party. Therefore, there are two agreements that exist if the tenant sublets the property. The primary lease agreement
      between the landlord and the tenant will remain in place during the sublease. The sublease agreement will
      terminate once the primary lease comes to an end or is terminated due to breach of contract;

      10.4 Cession and assignment of lease – cession is an act of transfer and occurs when the cedent (tenant) transfers a
      personal right that he/she has against the landlord to a third party (cessionary). A second contract is not entered
      into and the original lessee remains the debtor in the lease agreement.

      Assignment involves a transfer of all the rights and duties of a tenant under the lease agreement to a third party
      (assignee). It is effected by means of a tripartite agreement between all the parties concerned. The agreement should
      state the terms of the original lease as well as what each party will or will not be responsible for under the terms of the assignment;

      10.5 The right of first refusal/ right of pre-emption – in the event that the landlord wishes to sell the leased property then the
      tenant will be granted the option (right) to buy the rental property within a specified time and for a specified fee. The
      right of first refusal must be in writing and signed by both parties. A landlord should grant these rights in very limited
      circumstances as it can be restrictive;

      10.6 Option to hire premises - this involves a business arrangement where the owner makes the premises
      available to a hirer in return for a payment. The premises is used for a short period of time on each occasion. This
      type of agreement is generally used for events such as weddings or parties;

      10.7 Clause for option to renew lease agreement – this clause allows a tenant to continue occupying the premises after
      the initial lease agreement has lapsed. This is only available if the original lease agreement contains a clause
      which provides for the option to renew the lease, as it is an inseparable part of a lease agreement;

      10.8 Agreement of lease of an office/suite of offices – this is a commercial lease agreement and involves a tenant leasing office
      space from a landlord. The term “commercial” simply means that the lease is for business purposes rather than housing;

      10.9 Agreement of lease of a shop – when a tenant is seeking to do business with the public, a proper lease agreement is
      vital for successful operation.

      A lease between a landlord of a shop and a tenant will generally contain provisions affecting all aspects of the
      occupation. These include, the leasing fee, the liabilities of repair and insurance, the ability to assign (sell) the
      business and sublet the premises to other tenants, and the termination of the lease before expiry. It is clear that the
      lease terms can impact on the tenant’s ability to grow and develop the business and should be noted by a tenant
      prior to signing the lease;

      10.10 Lease of a garage – a landlord can decide to rent garage space as a means for a storage unit or for a tenant to use
      as a shop. If a tenant leases the garage for storage purposes, the landlord should ensure that the insurance
      policy covers the renter’s property;

      10.11 Lease of farm – according to section 3(d) of the Subdivision of Agricultural Land Act no lease shall be
      entered into, unless the Minister of Agriculture has consented in writing thereto, where the period of lease is:

      • 10 years or longer; or

      • is for the natural life of the lessee; or

      • is renewable at the will of the lessee from time to time,

      for an indefinite period or a period of not less than 10 years either by continuation of the original lease or by
      entering a new lease;

      10.12 Lease of grazing lands – this type of lease can be a win- win situation for both the landlord and the tenant. The
      landlord would not have to sell the land and continue earning money from it, while the tenant will be responsible
      for grazing the livestock on the land without having to buy the land at a significantly higher cost.

      In addition to the general lease terms, this type of lease agreement should contain clauses which deal with the
      stocking rate (how many livestock per acre) and the pasture lease rates to be used;

      10.13 Lease of whole building as offices – this type of lease will fall under the category of commercial leases (10.8 above);

      10.14 Lease of whole building to be let as a shop/trading store – refer to paragraph 10.9 above;

      10.15 Lease of building as factory premises – South Africa is an entrepreneurial country having many emerging businesses
      which causes increased demand for premises. This type of agreement should set out the permitted use of the
      premises in order to limit any unwarranted activities that the landlord does not allow. It is also beneficial to include
      an operating expenses clause which are the costs incurred by the landlord in operating, repairing or maintaining the leased premises;

      10.16 Agreement of lease of factory premises – the same fundamentals in paragraph 10.15 apply here;

      10.17 Agreement of lease of a building for exhibitions – this type of agreement is generally used for tenants who wish to
      lease a building to display their product(s). It is usually a short term agreement and the basic principles of a lease apply;

      10.18 Lease of title flat in free standing unit – in terms of the Sectional Titles Act a flat is generally intended for
      residential use. The landlord manages and administers the property himself/herself and is responsible for having a
      proper agreement drawn up when leasing the property;

      10.19 Lease of a share block unit – a share block scheme allows for a single company to own a particular development,
      while allowing individuals to buy the right to use a specific unit or space within the development. The agreement
      outlines the terms and conditions of the share block scheme, and the use and occupancy of the share block;

      10.20 Notarial long lease of immovable property – this is a long- term agreement to lease immovable property and is
      attested by a notary public and registered in the deeds office. This is done to award the tenant with a real right
      that is enforceable against the landlord and all third parties for the entire duration of the agreement.

  • 11. Conclusion

    • Landlords and tenants needs to carefully consider the wording of each clause in their lease agreement in order to be certain of their contractual obligations.

      Tenants must caution against simply withholding rent payments as this may inadvertently result in a contractual breach.

      A balance has to be struck between preserving the rights of the tenant against the rights of the landlord.


      ___________________________________________________________
      Hi, I’m Kailash Pillay, an attorney from the city of Johannesburg. My passion for the law
      stems from a desire to improve upon the lives of the vulnerable who fall prey to a
      corrupt system.
      I studied at the University of Johannesburg where I obtained my Bachelor of Laws
      degree, the starting point to the long journey of becoming a legal practitioner.
      This profession has taught me to persevere through the complexities of the law and to
      continually develop my skills as a legal professional.