Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Rental Housing Act, 1999 (Act No. 50 of 1999)Chapter 3 : Rights and Obligations of Tenants and Landowners5. Provisions pertaining to leases |
| (1) | The landowner must reduce the lease entered into between himself or herself and the tenant to writing: Provided that the lease will not be subject to the provisions of the Formalities in Respect of Leases of Land Act, 1969 (Act No. 18 of 1969). |
[Section 5(1) substituted by section 8(a) of Notice No. 876, GG 38184, dated 5 November 2014]
| (2) | The lease must contain the information set out in subsection (6). |
[Section 5(2) substituted by section 8(b) of Notice No. 876, GG 38184, dated 5 November 2014]
| (3) | A lease will be enforceable in a Tribunal or competent court. |
[Section 5(3) substituted by section 8(c) of Notice No. 876, GG 38184, dated 5 November 2014]
| (4) | The standard provisions referred to in subsection (3) may not be waived by the tenant or the landowner. |
| (5) | If on the expiration of the lease the tenant remains in the dwelling with the express or tacit consent of the landowner, the parties are deemed, in the absence of a further written lease, to have entered into a periodic lease, on the same terms and conditions as the expired lease, except that at least one month’s written notice must be given of the intention by either party to terminate the lease. |
| (6) | A lease contemplated in subsection (1) must include the following information: |
[Words preceding section 5(6)(a) substituted by section 8(d) of Notice No. 876, GG 38184, dated 5 November 2014]
| (a) | The names of the tenant and the landowner and their addresses in the Republic for purposes of formal communication; |
| (b) | the description of the dwelling which is the subject of the lease: Provided that a street address will be sufficient; |
[Section 5(6)(b) substituted by section 8(e) of Notice No. 876, GG 38184, dated 5 November 2014]
| (c) | the amount of rental of the dwelling and reasonable escalation, if any, to be paid in terms of the lease; |
| (d) | if rentals are not paid on a monthly basis, then the frequency of rental payments; |
| (e) | the amount of the deposit, if any; |
| (f) | the lease period, or, if there is no lease period determined, the notice period requested for termination of the lease; |
| (fA) | information relating to the rights and obligations of the tenant and the landowner as set out in sections 4A and 4B; |
[Section 5(6)(fA) inserted by section 8(f) of Notice No. 876, GG 38184, dated 5 November 2014]
| (g) | any other obligations of the tenant and the landowner, not set out in sections 4A, 4B or the regulations relating to unfair practice; |
[Section 5(6)(g) substituted by section 8(g) of Notice No. 876, GG 38184, dated 5 November 2014]
| (h) | the amount of any other charges payable in addition to the rental in respect of the dwelling or rental housing property, which other charges must be identified in the lease. |
[Section 5(6)(h) substituted by section 8(h) of Notice No. 876, GG 38184, dated 5 November 2014]
| (6A) | The Minister must develop a pro-forma lease agreement in all 11 official languages, containing the minimum requirements set out in this Act, which may be used as a guideline by the tenants and the landowners. |
[Section 5(6A) inserted by section 8(i) of Notice No. 876, GG 38184, dated 5 November 2014]
| (7) | A list of defects registered in terms of sections 4A(4) and 4B(4) must be attached as an annexure to the lease. |
[Section 5(7) substituted by section 8(j) of Notice No. 876, GG 38184, dated 5 November 2014]
| (8) | A copy of any House Rules applicable to a dwelling must be attached as an annexure to the lease. |
| (9) | [Section 5(9) deleted by section 8(k) of Notice No. 876, GG 38184, dated 5 November 2014] |
[Section 5 substituted by section 20 of Notice No. 876, GG 38184, dated 5 November 2014]
