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Summary KRG 120: Part 5: Letting and Hiring

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This document contains a summary of Part 5: Chapter 16 - 18 of the textbook: Commercial law by Nagel et al.

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Part 5: Letting and Hiring
Chapter 16: Formation of contract of lease


Part 5: Letting and Hiring....................................................................................1
Chapter 16: Formation of contract of lease........................................................1
1. Introduction................................................................................................. 1
2. Definitions................................................................................................... 2
3. General requirements for conclusion of lease.............................................3
4. Essentialia of contract of lease....................................................................4
5. Incidentalia of contract of lease..................................................................4
Chapter 17: Duties of lessor and lessee.............................................................5
1. Duties of lessor............................................................................................ 5
2. Duties of lessee........................................................................................... 7
Chapter 18: Miscellaneous aspects of law of lease...........................................10
1. Sub-lease, Cession, Delegation and Assignment.......................................10
2. Termination of lease..................................................................................10



1. INTRODUCTION
Types of 1. Locatio-conductio rei:
contracts of  letting/ hiring of a thing
letting/ 2. Locatio-conductio operarum
hiring  letting/ hiring of services
 e.g. contract of employment
3. Locatio-conductio operis
 letting/ hiring of job/ contract
 e.g. to independent contractor
Rent  place restriction on quantum of rent that could be charged
Control Act  limited grounds on which lessee could be evicted
 repealed by Rental Housing Act
Rental  none of above restrictions
Housing Act  Rental Housing Act 50 of 1999 governs the relationship
between landlords/ tenants in respect of leases for
housing purposes
 Rental Housing Amendment Act 35 of 2014 was signed by
the President but is not yet in force
RHA Title:  To define the responsibility of Government in respect of
rental housing property;
 to create mechanisms to promote the provision of rental
housing property;
 to promote access to adequate housing through creating
mechanisms to ensure the proper functioning of the rental
housing market;
 to make provision for the establishment of Rental Housing
Tribunals; to define the functions, powers and duties of

1

, such Tribunals;
 to lay down general principles governing conflict
resolution in the rental housing sector;
 to provide for the facilitation of sound relations between
tenants and landlords and for this purpose
 to lay down general requirements relating to leases; to
repeal the Rent Control Act, 1976; and
 to provide for matters connected therewith
RHA  gives effect to s26 of Constitution of the Republic of South
Africa, 1996
 are enforced by Rental Housing Tribunals
Rental  any lessee/ lessor may log complaint concerning unfair
Housing practice:
Tribunals o “any act/ omission by landlord/ tenant in
contravention of Act/
o practice prescribed as practice unreasonably
prejudicing rights/ interests of tenant/ landlord”

Process for prima facie dispute
tribunal must:
1. enter particulars of complaints register (Section 13(2)a)
2. investigate if it relates to unfair practice (Section 13(2)b)
3.1 If dispute could be resolved through mediation: Appoints
mediator (S13(2)c)
3.2 Mediation not appropriate/ unsuccessful: tribunal conducts
hearing and makes fair/ just ruling (S13(2)d)
4. May make ruling to discontinue:
o overcrowding
o unacceptable living conditions
o exploitive rentals
o lack of maintenance (S13(4)c)
5. Failure to comply: criminal action instituted (fine/
imprisonment < 2 years (S16)
Applicable  To residential leases
Not:
 Use of movable property
 agricultural land
 business purposes
CPA Defines “service” as:
 access to/ use of any premises/ property i.t.o. a rental
RHA and  RHA only applicable to residential leases
CPA  CPA applicable to residential and commercial leases
 Act does not apply to consumers whose asset value/
annual turnover > R2mil at time of entering into
transaction


2. DEFINITIONS
Lease of  Reciprocal agreement ito which the lessor undertakes
things  to confer to the lessee temporary use and enjoyment of a
particular thing = res
 for a counter-performance = rent
Lease Under RHA

2

Connected book
 image
C. J. Nagel, Birgit Kuschke, Jaco Barnard Commercial Law
Publisher: 2019 ISBN: 9780639008905 Edition: Unknown

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Part 5: chapter 16 - 18
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