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Landlord and Tenant – Rights & Obligations

Residential leases demand a good knowledge of the Act and people need information on how to access the Tribunals to resolve unfair practice complaints and guidelines to improve their contractual relationship (A

Publication Language: English

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ISBN/ISSN: 9780639006260
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ISBN/ISSN: 9781776322268
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ISBN/ISSN: 9780639006253
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Product description

Residential leases demand a good knowledge of the Act and people need information on how to access the Tribunals to resolve unfair practice complaints and guidelines to improve their contractual relationship (Author).

This brand new LexisNexis release focuses on residential tenancies and the Rental Housing Act in private and public rental housing. It includes practical guidelines for tenants, landowners, estate agents, Rental Housing Tribunals, legal practitioners and students, regarding the rights, duties and responsibilities of tenants and landowners of residential dwellings. The book is based on the Rental Housing Act as amended and offers an in-depth analysis of each provision of the Rental Housing Act, as well as other relevant legislation and case law.

About the author:

The author, Dr Sayed Iqbal Mohamed is the Deputy Chairperson at the KZN Rental Housing Tribunal and the Chairman and founder of the Organisation for Civic Rights. Dr Mohamed has an insider perspective on the relevant legislation, having contributed to the drafting thereof.

Note: The online price varies according to package chosen and number of users. Our sales agents will provide a quote on request.


Tenant and Landlord in South Africa is the only text dealing with the contractual relationship that arises in the commonplace contract of residential leases. As a text it is therefore an essential tool for both legal practitioners and academic study. As an explanation of a balanced piece of legislation aiming at the betterment of society it is most welcome. I fully recommend this much needed piece of scholarship. (Professor Isobel Konyn (BA) (LLB) (Professor of Law, UKZN, Deputy Chairperson, KwaZulu-Natal Rental Housing Tribunal 2002-2005, served on Town and Regional Planning Commission, Appeal Board of the South African Council of Planners, non-executive director of the Durban Marine Theme Park)


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Table of contents

CHAPTER_1 - Historical development

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

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

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

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

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


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


Table of cases

Table of statutes, proclamations and notices