ESTA grants a right to family life, but who qualifies? Section 6(2)(d) of the Extension of Security of Tenure Act (ESTA) grants occupiers the right to “family life in accordance with the culture of that family.”  In practice, this means that a farm labourer may insist that his wife and minor children reside with him […]

Does the landlord need to advise the tenant that the lease agreement is coming to an end? Landlords are obliged to notify their tenant of the upcoming expiration of the lease agreement. This obligation will arise not more than 80 but not less than 40 business days before the expiry date of the fixed term […]

How does the landlord calculate a “reasonable” penalty for early cancellation of the lease agreement? Regulation 5 issued in terms of the Act requires the landlord to take the following into account when calculating a reasonable penalty: the amount which the consumer is still liable for to the supplier up to the date of cancellation; the value […]

What effect has the Consumer Protection Act 68 of 2008 had on the cancellation of a lease agreement? Although not specifically defined in the Consumer Protection Act, the landlord and tenant relationship in respect of residential leases falls within the definition of supplier and consumer. Section 14 of the Act deals with the expiry and […]

What are your rights as a landlord in terms of the Rental Housing Act 50 of 1999? In terms of Section 4(5) the Rental Housing Act, the landlord’s rights against the tenant include his or her right to: a. prompt and regular payment of a rental or any charges that may be payable in terms […]