Publisher: LexisNexis South Africa
Format: eBook, Online, Print
Year Published: 2019
Author: Dr Sayed Iqbal Mohamed
Landlord and Tenant – Rights and Obligations is a very useful and welcome guide to the rights, duties and responsibilities landlords and tenants owe each other. The Rental Housing Act (Act 50 of 1999) affects some 12 million people in South Africa who live as tenants in outbuildings, backyard shacks, garages or who rent any type of residential dwelling. There is therefore a great need to have the law and implications of residential lease contracts explained clearly and in simple language without compromising critical evaluation.
As a guide to understanding the Rental Housing Act and in dealing with disputes arising from inter alia overcrowding, non-payment of rentals, deposits, arbitrary evictions, exorbitant rentals, invasion of privacy, and unacceptable living conditions, to illegal lockouts and water and electricity disconnections this book offers suggestions and provides advice to tenants, landlords and all those who represent them. It also includes and discusses the far-reaching changes which will result when the Rental Housing Amendment Act (Act 35 of 2014) comes into operation.
CHAPTER 1 Historical development
(Gives an overview of the new legislation in context and a background to the laws relating to tenancy and some of the pressing issues which need to be addressed to improve the law and its application by the Tribunal and the courts.)
1.1 General introduction
1.2 The different laws
1.3 The rents legislation
1.4 The Constitution, the Tribunal, courts and contracts
1.5 Concluding remarks
CHAPTER 2 The Rental Housing Act and the Rental Housing Tribunal
(Gives a detailed explanation of the RHA, how the Tribunal functions and what is required of parties to a dispute.)
2.1 Introduction
2.2 The RHA
2.3 Regulations
2.4 Unfair practice
2.5 The Rental Housing Tribunal
2.6 A company, close corporation, trust or some other entity as owner, landlord or tenant
2.7 Mediation procedure
CHAPTER 3 Obligations: Rights and duties of landlord and tenant
(Deals with a wide range of tenancy matters that aim to educate and empower people by providing a concise guide to what the law is, how to access it and the role of the Tribunal and the courts.)
3.1 Introduction
3.2 Lease
3.3 Requirements of the RHA regarding leases
3.4 Types of leases
3.5 Lease costs
3.6 Stamp duty
3.7 Negotiating and concluding a lease
3.8 Breach
3.9 Goodwill or ‘key’ money
3.10 Inspection and inventory
3.11 Deposit
3.12 Rental
3.13 Rental increase and escalation to be included in the lease
3.14 Reduction of rental or withholding rental
3.15 Receipts
3.16 Specific performance and rental reduction
3.17 Undisturbed use and enjoyment
3.18 Maintenance and repairs
3.19 Lifts
3.20 Health and fire hazard
3.21 Lockout
3.22 Seizing tenant's property
3.23 Notice to vacate (ending a lease)
3.24 Eviction
3.25 The eviction procedure
3.26 Enrichment (tenant's) lien
3.27 Spoliation
3.28 Summons through the magistrate's and high court
3.29 Requesting further particulars
3.30 Summary judgment
3.31 Ejectment order
3.32 Application proceedings
3.33 Withdrawing or rescinding a court judgment
3.34 Default judgment
3.35 The sheriff
3.36 Change of ownership
3.37 Sale in auction
3.38 Committees and organisations
3.39 The landlord, tenant and body corporate
3.40 Occupational interest and rental
3.41 Option to purchase or right of first refusal in a lease agreement
3.42 Water and electricity
CHAPTER 4 - Practical and procedural details
(Deals with the technical details of the RHA and the Tribunal, intended for legal practitioners, support staff and members of the Tribunal.)
4.1 Introduction
4.2 Periodic lease
4.3 Notice that terminates a lease
4.4 Spoliation
4.5 Accusatorial and inquisitorial procedures
4.6 Orders or rulings
4.7 Ex parte or default ruling (order in absentia)
4.8 Review of the Tribunal's ruling
4.9 Relationship between the Tribunal, provincial legislature and local authorities
4.10 The Tribunal and delegation of powers
4.11 Budget or funding mandate
4.12 Regulations and policies
4.13 Service Level Agreement
CHAPTER 5 - Examples of rulings of Rental Housing Tribunal
(Examples of rulings are given with a brief discussion.)
5.1 Introduction
5.2 Gauteng Rental Housing Tribunal: Hearing (Johannesburg)
5.3 Gauteng Rental Housing Tribunal: Hearing (Pretoria)
5.4 North West Rental Housing Tribunal: Hearing
5.5 Western Cape Natal Rental Housing Tribunal: Hearing
5.6 KwaZulu-Natal Rental Housing Tribunal: Hearing
APPENDICES
Appendix 1 Rental Housing Act 50 of 1999
Appendix 2 Quick Reference to Relevant Sections of the Rental Housing Act 50 of 1999
Appendix 3 Rental Housing Amendment Act 35 of 2014
Appendix 4 Unfair Practices Regulations
Appendix 5 Procedural Regulations
Appendix 6 Specimen Lease Agreement
Appendix 7 Specimen Letters
Bibliography
Table of cases
Table of statutes, proclamations and notices
Index
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