Obligations of Lessee
Obligation to Pay Rent
- Third party may pay on behalf of lessee
When
- In absence of any agreement on date of payment, general rule is that rent is
to be paid at end of lease period
- In case of periodical lease, at end of each lease period.
- Where it is contractually determined payment is to be made on that date
- Rent can be paid until midnight on that day, but if is payable at business, it
must be paid by close of business.
- Where payments made in cash, day falls on Sunday/public holiday, lessee still
has to pay on that date.
- Only exception is if rent is payable at business, then it will be on next
business day.
- If payable by cheque, it is still be deemed timeous payment, even if it is not
possible to cash cheque on that particular day.
- Obligation to pay promptly/in time entails that lessee has to make all
reasonable efforts to make payment
- If it is lessor’s fault that lessee cannot pay in time, lessee won’t fall into mora.
Where
- Payment must be made at contractually agreed place.
- If there is no agreement on place of payment & there is set date for payment,
lessee has to go to lessor
- But if there is no set date, lessor has to claim payment from lessee.
Medium of Payment
- Form of money unless was agreed that part of proceeds of crop/something
else will be used as payment.
- Services can’t be rendered instead of paying rent
- Payment must be made in SA money/by cheque & latter is conditional
payment until cheque is honoured/by means of electronic form of payment.
- Normally method of payment is irrelevant as long as payment is made in time.
- Where an agreement on method payment must be made in manner agreed.
- If lessor prescribed method/ consented to one, he carries risk if he doesn’t
receive money in time
Obligation to Pay Rent
- Third party may pay on behalf of lessee
When
- In absence of any agreement on date of payment, general rule is that rent is
to be paid at end of lease period
- In case of periodical lease, at end of each lease period.
- Where it is contractually determined payment is to be made on that date
- Rent can be paid until midnight on that day, but if is payable at business, it
must be paid by close of business.
- Where payments made in cash, day falls on Sunday/public holiday, lessee still
has to pay on that date.
- Only exception is if rent is payable at business, then it will be on next
business day.
- If payable by cheque, it is still be deemed timeous payment, even if it is not
possible to cash cheque on that particular day.
- Obligation to pay promptly/in time entails that lessee has to make all
reasonable efforts to make payment
- If it is lessor’s fault that lessee cannot pay in time, lessee won’t fall into mora.
Where
- Payment must be made at contractually agreed place.
- If there is no agreement on place of payment & there is set date for payment,
lessee has to go to lessor
- But if there is no set date, lessor has to claim payment from lessee.
Medium of Payment
- Form of money unless was agreed that part of proceeds of crop/something
else will be used as payment.
- Services can’t be rendered instead of paying rent
- Payment must be made in SA money/by cheque & latter is conditional
payment until cheque is honoured/by means of electronic form of payment.
- Normally method of payment is irrelevant as long as payment is made in time.
- Where an agreement on method payment must be made in manner agreed.
- If lessor prescribed method/ consented to one, he carries risk if he doesn’t
receive money in time
