The Consumer Protection Act, 2008 (“CPA”) applies to lease agreements. It changes the common law between landlord and tenant by giving a tenant rights not available under common law, and substantially limiting those of the landlord.
What are the 5 most common lease violations?
Rental lease agreement violations are not uncommon. Even the most responsible tenants might make a mistake every once in a while.
How to Handle the Most Common Lease Violations
- Long-Term Guests.
- Unauthorized Pets.
- Unpaid Rent.
- Property Damages.
- Commercial Use of Property or Unit.
What is the consumer protection Act in South Africa?
To promote a fair, accessible and sustainable marketplace for consumer products and services and for that purpose to establish national norms and standards relating to consumer protection, to provide for improved standards of consumer information, to prohibit certain unfair marketing and business practices, to promote …
Does a lease agreement have to be in writing in South Africa?
A lease agreement is entered into when one person (“landlord”) gives use and enjoyment of his/her property to another person (“tenant”) for a specific period of time in return for the payment of rent. It is not a requirement for the lease agreement to be in writing.
Can a tenant terminate a lease early in South Africa?
The Consumer Protection Act 68 of 2008 (“the Act”) allows a lessee to give twenty business days’ notice to exit any fixed-term contract, however, the lessor is entitled to charge a reasonable cancellation fee if the lease is cancelled prior to the end of the agreed upon term.
Can landlord terminate lease early?
Technically, a landlord can break a lease early, but not without good reason. Unless the tenant violates the lease, a landlord’s grounds for early termination must be stipulated and agreed upon within the lease agreement.
Can a landlord break a lease?
A landlord can break a lease for two reasons—a tenant’s lease violation or an early termination clause in the agreement. For example, the landlord can evict a tenant for unpaid rent or breaking another rental lease clause. Also, a landlord can end the lease to sell, renovate, or move into the rental property.
What is the purpose of consumer protection act?
To protect consumers from unfair, unreasonable and/or improper trade practices. To protect consumers from misleading, deceptive, unfair or fraudulent conduct and/or actions, and. To provide for systems of dispute resolution and enforcement.
Who does the Consumer Protection Act protect?
It aims to protect consumers against poor-quality products and unfair business practices or contract terms with regards to transactions, repairs, refunds and delivery. A consumer is defined as “an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession”.
What is the law of lease?
A lease is a contract between two parties where one party, the lessor, allows the other party, the lessee, use of their property for a period of time in exchange for consideration, usually a monthly sum of money. The original owner ultimately retains possession of the property. See landlord-tenant law.
What are the requirements for a lease agreement?
A written lease agreement must contain:
- The names and addresses of both parties;
- The description of the property;
- The rental amount and reasonable escalation;
- The frequency of rental payments, i.e. monthly;
- The amount of the deposit;
- The lease period;
- The notice period for termination of contract;
What is the minimum notice a landlord can give?
Minimum notice periods
You need to give at least: 1 month if your rent is due monthly. 4 weeks if your rent is due weekly.
How contract of lease can be terminated?
where the written lease expired and the parties simply continued with the lease on a month to month basis thereafter. If the lease is a month to month lease as contemplated in the Rental Housing Act, then it can only be terminated by either party by providing one full calendar month’s written notice.
What rights does a tenant have?
The rights of a tenant
The right to live in a property that’s safe and in a good state of repair. The right to have your deposit returned at the end of the tenancy (provided that you meet the terms of your tenancy agreement).
What is distress act?
What is distress action? Where a tenant does not pay rent, the landlord may apply for a writ of distress which is a court order to direct the bailiff or sheriff to distrain the movable properties of the tenant and sell it to recover the rental arrears.
Can a tenant leave a property before the tenancy agreement expires?
Can a tenant leave the property before the agreement ends? A tenant can, of course, leave the property if they wish, by writing to the landlord and giving appropriate notice of their intention to leave.
Can a landlord come in without notice?
You are paying rent to the landlord for exclusive use as the property as your home and as such you have the right to decide who enters it and when. If a landlord enters your home without permission they are, technically, trespassing, unless they have a court order to allow them otherwise.
Which are the three main pieces of consumer protection legislation?
The Act is split into three parts. Part 1 deals with consumer contracts for goods, digital content and services; Part 2 covers unfair terms; and Part 3 contains miscellaneous and general provisions.
What are the 7 consumer rights and responsibilities?
Consumers are protected by the Consumer Bill of Rights. The bill states that consumers have the right to be informed, the right to choose, the right to safety, the right to be heard, the right to have problems corrected, the right to consumer education, and the right to service.
Can a landlord be a consumer?
Landlords, take note…
This is because any activity or transactions done through a company would be considered a business transaction or B2B. You would not be considered a consumer which means that the consumer rights wouldn’t apply to you. For further information read Consumer rights and Doing business with consumers.
Does the CPA apply to month to month leases?
Section 14(2)(b)(ii) of the CPA applies only to fixed term consumer agreements and arguably also to monthto-month agreements that have automatically come into being, by virtue of section 14(2)(d), upon the expiry of a fixed term agreement.
Is lease agreement a contract?
A lease agreement, as we know, is a contract between two parties, (a lessee and the lessor here, the lessee being the one who is renting/leasing the property, and the lessor, the owner), wherein, specific conditions are mentioned about renting or leasing the property.
What is property lease?
A lease is an implied or written agreement specifying the conditions under which a lessor accepts to let out a property to be used by a lessee. The agreement promises the lessee use of the property for an agreed length of time while the owner is assured consistent payment over the agreed period.
What provisions are usually incorporated in a lease agreement?
Most leases and rental agreements include a clause in which the tenant agrees that the premises are in habitable (livable) condition and promises to alert the landlord to any defective or dangerous condition. Tenant’s repair and maintenance responsibilities.
What is agreement for lease?
An agreement for lease is a contract between two (or more) parties to enter into a lease. The agreement will place a contractual obligation on the respective parties to enter into the lease, either on a fixed date in the future or following the satisfaction of conditions set out in the agreement.
What happens if a leasehold property is destroyed?
The usual position is that the tenant will receive a reduction or suspension of the rent that he has to pay if the property is damaged or destroyed by an insured risk, so that it is no longer suitable for occupation and use.
How can a lessee cancel a lease?
There are a few instances when a renter can legally break a lease. If the property is uninhabitable or illegal, the landlord harasses the tenant, the tenant is active duty military, or if the tenant is a victim of domestic violence, then the tenant can legally break the rental lease.
How can you break a contract with a landlord?
Your options for getting out of a lease
- terminate the lease under a break clause;
- negotiate termination with the landlord;
- assign the lease – ie sell it to a new tenant;
- sublet the premises, or part of the premises.
Can a landlord give 1 months notice?
Your landlord only needs to give ‘reasonable notice’ to quit. Usually this means the length of the rental payment period – so if you pay rent monthly, you’ll get one month’s notice.
Can a tenant cancel a lease?
According to the CPA, if a tenant provides the landlord with 20 business days’ notice, the tenant has every right to cancel the lease early. However, this does not mean that a tenant can just pack his/her bags and leave the property without facing some sort of penalty or financial repercussion.
Can a landlord break a lease?
A landlord can break a lease for two reasons—a tenant’s lease violation or an early termination clause in the agreement. For example, the landlord can evict a tenant for unpaid rent or breaking another rental lease clause. Also, a landlord can end the lease to sell, renovate, or move into the rental property.
What rights do long term tenants have?
These protected tenants have: the right to register for a ‘fair rent’, which is often significantly lower than the market rent; greater long term security of tenure, so are harder to evict, and. the right to pass the tenancy on to their spouse and, in some circumstances, to family members when they die.
How do you use writ of distress?
The procedure for applying for a writ of distress in Singapore is to file an originating application without notice with a supporting affidavit in the form prescribed by the Rules of Court. You should ideally engage a lawyer to do this for you.
What is a warrant of distress?
“warrant of distress” means a warrant issued by the court under section 24 of the Act; (2) Wherever in these Rules anything is required to be done within a specified number of days from the happening of any event, the period shall start to run from the day on which the event aforesaid occurs.
What makes a notice to quit invalid?
The date of the expiry of the notice to quit must be correctly stated on the notice to quit or else the notice will be invalid. The insertion of a wrong date invalidates the notice.
Can a landlord pull out?
The contract was signed by both you and the landlord and you had paid over your deposit and first month’s rent, setting that contract in place. By pulling out after this, the landlord is legally in breach of contract, meaning whatever happens, you have the right to sue her for costs you incur as a result.
What is the legal notice period for a tenant?
Notice period
four weeks[1] or. if the period of the tenancy is longer, equivalent to the period of the tenancy or licence (except for yearly periodic tenancies where the notice period is six months)[2]
How do I get out of a tenancy agreement without a break clause?
If there is no break clause in the agreement, then you can only end the tenancy if both parties agree to it. This is called surrendering the tenancy. The parties can only surrender the tenancy if the landlord agrees. The landlord should confirm this in writing – this will help prove when the tenancy ended.
Can a landlord enter a property without the tenant present?
As a tenant you have certain legal rights including a legal right to live in your property undisturbed by your landlord or the letting agent. That means that your landlord and the letting agent cannot enter the tenanted property without your agreement or permission.
Can a landlord inspect your bedroom?
The landlord can only enter the property with the permission of the tenant, unless it is an emergency situation, and the landlord must enter the property and every attempt has been made to contact the tenant (for example a flood in the property or a fire etc).
How does the Consumer Protection Act work?
The Consumer Protection Act (“CPA”) provides protection to these consumers against such suppliers. The CPA applies to an agreement concluded between a consumer and supplier in the ordinary course of business. A consumer is someone who buys or uses goods, or receives services from a supplier.
What are the 8 basic rights of the consumers?
The eight consumer rights are: The right to satisfaction of basic needs – to have access to basic, essential goods and services such as adequate food, clothing, shelter, health care, education, public utilities, water and sanitation.
Which of the following is not a right of consumers?
The right to false information is not the right of consumers.
How long do you have to cancel a contract in South Africa?
By law, you are allowed to cancel your mobile contract, any time before the agreed expired date mentioned in the agreement, but you have to give 20 business days’ notice in writing. Keep in mind; you don’t have to give any reason at all for cancelling your cellphone contract in South Africa.