Provisions of a property lease agreement
There are strict requirements in terms of the Rental Housing Act 50 of 1999 and the Consumer Protection Act 68 of 2008. These requirements are deemed or considered to be in the lease even if not written into the lease.
A landlord and tenant ought to have knowledge of these provisions because it affects their relationship during the lease period and when the lease ends. Parties cannot waive the requirements of both acts.
Deemed provisions of the Rental Housing Act: In terms of section 5 (3) of the act, a lease will be deemed to include the following:
Non-waiver provisions of the Consumer Protection Act:
A lease that excludes these provisions or contains a waiver to exempt the landlord, will not affect the tenant's statutory rights. In the case of a Consumer Protection Act lease, the entire lease may become void (cancelled) with serious consequences for the landlord for non-compliance. This includes financial implications arising from a fine and possible imprisonment.
If a party who lodges a complaint with the Rental Housing Tribunal is successful, the respondent (the person against whom the complaint was made), may be liable on conviction to a fine or maximum of two years' imprisonment or to both a fine and imprisonment according to section 16 (1) (b) - (h)) of the act.
The offence, for example, may relate to the landlord illegally disconnecting services to deprive the tenant of water or electricity; or the tenant, his or her visitor or household responsible for damaging the dwelling.
In the case of a Consumer Protection Act lease, there are severe penalties and administrative fines for non-compliance, for example, in the case of false advertising, there is an administrative fine of 10 percent of the respondent's annual turnover or a fine up to R1m (section 112 (1). According to section 111 (1) (a) of the act if a person is found guilty of divulging confidential information, he or she may be liable to a fine or a maximum of 10 years' imprisonment or to both a fine and imprisonment.
Sayed Iqbal Mohamed
Chairman of the Organisation of Civic Rights
Tenant Issues
Daily News
For advice on tenants' rights, contact Loshni Naidoo or Pretty Gumede at 031 304 6451.
Posted at 06:48AM Jun 12, 2013 by Editor in Residential |