Claassen Attorneys Inc

{Claassen Attorneys Inc},{Unit 9, Canal Edge 4, Fountain Road, Tyger Waterfront},{Bellville},{7530},{Western Cape},{South Africa},{ 27 21 914 9466}
Unit 9, Canal Edge 4, Fountain Road, Tyger Waterfront 7530 Bellville, Western Cape
Phone: 27 21 914 9466

021-914-9466

 

 

 

 

leases and rental disputes

There are no formal requirements for conclusion of a short-term (less than 10 years) lease agreement in South Africa. For an agreement to qualify as a lease agreement, there are however three elements that must be agreed upon: the lessor must deliver the property to the lessee, the lessee must have the right of temporary use and enjoyment of the property and the lessee must pay rent.

The relationship between the lessee and the lessor in the case of residential leases is regulated by the agreement, verbal or written, concluded between them and the provisions of the Rental Housing Act.

The Consumer Protection Act can also have an impact on the relationship between lessor and lessee in certain circumstances.

Many disputes can arise when the relevant law is not duly considered and applied when dealing with lease agreements, especially relating to the withholding of deposits, damage to property, inspections, breach of contract, cancellations etc.

We can assist you to make sure your lease agreement is compliant with the relevant law and that your respective rights are protected.
Our services under leases and rental disputes include:-
Drafting of residential, commercial and agricultural lease agreements.
Instituting and defending proceedings in the Rental Tribunal, Magistrate’s Court and High Court.
FREQUENTLY ASKED QUESTIONS
Must an inspection be done prior to occupation of a residential rental property?
Yes, in terms of the Rental Housing Act a joint inspection by the lessor and lessee must be done prior to the lessee taking occupation of the property.
Must the deposit be invested?
Yes, the deposit must be invested in an interest-bearing account by the lessor.
What is the Rental Housing Tribunal?
The Rental Housing Tribunal is a body consisting of five members created by the Rental Housing Act which deals with disputes between a lessee and a lessor. Legal Representation is allowed in at the Rental Housing Tribunal.
What disputes will the Rental Housing Tribunal adjudicate?
Typical disputes dealt with by the Rental Housing Tribunal are failure to refund deposits, damage to leased property, right and obligations of the lessee and the lessor, failure to pay rent, and municipal services being cut off.
Must a lease agreement be in writing?
A lease agreement does not have to be in writing and can be verbal. In terms of the Rental Housing Act should a lessee request a lessor to reduce the lease agreement to writing this must be done.