Lease

Question 1

Name the three types of letting and hiring recognised by Roman Law and South African

Answer 1

A) locatio-conductio rei (the letting and hiring of a thing)
B) locatio-conductio operarum (the letting and hiring of services)
C) locatio-conductio operis (the letting and hiring of job or contract)

Question 2

Which act governs the relationship between and tenants in respect of leases of leases for housing purposes?

Answer 2

Rental Housing Act of 1999 “RHA”

Question 3

Discuss the aim of the Rental Hosuing Act

Answer 3

To define the responsibility of Government to create mechanisms to promote the provision of rental housing. To promote access to adequate housing through creating mechanisms to ensure the proper functioning of the rental housing market

Question 4

In what situations can the Tribunal intervene “unfair practice”?

Answer 4

Any act or omission by a landlord or tenant in contravention of the Act or a practice prescribed as a practice unreasonably prejudicing the rights or interests of a tenant or landlord

Question 5

When can the Tribunal a ruling?

Answer 5

To discontinue overcrowding unacceptable living conditions, exploitative rentals or lack of maintenance. C

Question 6

What occurs when one defies the tribunal ruling?

Answer 6

The person and, on conviction, a fine and/or imprisonment not exceeding 2 years may be imposed

Question 7

In what situations the the Rental Housing Act is not accplicable?

Answer 7

In respect of the use of movable property, agricultural land or for business purposes

Question 8

Is the Consume Protection Act applicable to residential and commercial leases?

Answer 8

Yes

Question 9

Define a lease of things

Answer 9

Is a reciprocal agreement in terms of which the lessor undertakes to confer upon to the lessee (another party), the temporary use and enjoyment of a particular thing for a counter performance

Question 10

Define a “lease” in terms of the Rental Housing Act

Answer 10

An agreement of lease concluded between tenant and landlord regarding a dwelling for housing purposes

Question 11

Define “rental” in terms of the Consumer Protection Act

Answer 11

Is an agreement for consideration in the ordinary course of business, where temporary possession of any premises is delivered to consumer or right to use any premises or other property is granted to consumer (lessee/tenant)

Question 12

Discuss the general requirements for conclusion of a lease

Answer 12

A lease is a contract. The agreement must comply with the requirements of a contract (consensus, contractual capacity, legality, physical possibility of performance and formalities)

Question 13

How can the lease be concluded?

Answer 13

Tacitly, verbally or in writing

Question 14

State the Section 5(2) of the Rental Housing Act

Answer 14

A lessee has the right to request lessor to reduce lease to writing.

Question 15

What happens when the Rental housing Act reduces the writing of the lease agreement?

Answer 15

The Rental Housing Act applies peremptory

Question 16

What information must be included in the written lease agreement?

Answer 16

A) the name of the lessee and the lessor and their addresses in the Republic for purposes of formal communication
B) A description of the dwelling that is the subject of the lease
C) the amount of rental in respect of the dwelling and reasonable escalation, if any, to be paid in terms of the lease
D) where rentals are not paid on a monthly basis, the frequency of rental payments
E) the amount of the deposit, if any
F) the lease perid, or, if there is no lease period determined, the notice period requested for termination of the lease
G) the obligations of the lessee and the lessor
H) the amount of the rental and any other changes payable in addition to the rental in respect of the property

Question 17

What happens if the lessor fails to reduce the lease agreement to writing?

Answer 17

They are guilty of an offence and liable on conviction to a fine and/or imprisonment not exceeding 2 years

Question 18

Name the essentialia of a lease

Answer 18

A) the leased property
B) that the use and enjoyment of such property be conferred only temporarily
C) the nature and extent of the counter-performance to be delivered

Question 19

Discuss leased property

Answer 19

Immovable, movable, corporeal and incorporeal things which are commercially available can be let. The thing must be identified or identifiable, otherwise the contract will be void for vagueness. A lease in respect of land can be decided either the specific number of units leased. Or only part of a property is let. Movables will form part of the leased property if they were intend to go with such property

Question 20

What happens if land is leased without mention of immovable structures in it?

Answer 20

Such structure is deemed to be included in the lease. Conversely if only the immovable structures are referred to, the land on which the structures are erected is included in the lease

Question 21

What are the distinctions between rural and urban tenements

Answer 21

Rural tenements are used chiefly for agriculture and grazing.
Urban Tenements are intended for domestic, business, commercial, manufacturing and mining purpose

Question 22

Discuss temporary conferment of power of use and enjoyment

Answer 22

The parties must agree that the use and enjoyment of the property shall be relinquished to the lessee only temporarily. The lessee is only entitled to use and enjoy property and not to consume or destroy it. A property cannot be let in perpetuity. The duration of the lease may assume different forms. Section 14 of Consumer Protection Act Minister may prescribe maximum periods for fixed term consumer agreements. It also does not apply to leases entered between juristic persons. Regulations of 5 of CPA regulations, maximum period for fixed lease is 24 months. Unless lessee expressly agree and lessee has a demonstrable financial benefit

Question 23

Discuss the delivery of counter performance

Answer 23

The parties must agree on the nature and extent of the counter performance to be paid in exchange for use and enjoyment of the property.

Question 24

In terms of section 49(I), any notice to a lessee (consumer) or provision of a lease agreements that purports …

Answer 24

A) a limit the risk or liability of the lessor or any other person in any way
B) constitute an assumption of risk or liability by the lessee
C) impose an obligation on the lessee to indemnify the lessor or any other person for any cause
D) constitute an acknowledge of any fact by the lessee

Question 25

What are the other requirements for a notice required for certain terms and conditions?

Answer 25

A) must be in plain language
B) fact, nature and effect of the notice or provision must be drawn to the lessee’s attention
C) before conclusion of agreement or before the lessee must pay anything