PRL5901
ASSIGNMENT 2 2025
UNIQUE NO. 185367
DUE DATE: 3 SEPTEMBER 2025
, 1. INTRODUCTION
Mrs B purchased an apartment in Cape Town and wishes to lease it to tenants. She
initially proposed conditions that raise legal issues under South African law. This
assignment provides legal advice on each proposed clause and presents a
professionally drafted residential lease agreement that complies with the Consumer
Protection Act 68 of 2008 (CPA), the Rental Housing Act 50 of 1999 (RHA), the
Constitution of the Republic of South Africa, 1996, and relevant case law.
2. LEGAL ADVICE TO MRS B
2.1 Tenant Age Restriction
Unlawful as it amounts to unfair discrimination under section 9 of the Constitution and
PEPUDA. Recommendation: Screen tenants on objective criteria such as
creditworthiness and income.
2.2 Exclusion of Liability for Damage
Invalid. CPA prohibits landlords from contracting out of liability for negligence or wilful
misconduct. Recommendation: Include a limited liability clause acknowledging
responsibility for negligence only.
2.3 Summary Termination of Lease
Invalid. CPA requires 20 business days’ written notice for early termination (s 14 CPA).
Recommendation: Allow termination on sale of property, subject to proper notice.
2.4 Lease Period (Minimum Two Years)
Valid. CPA permits up to 24 months without justification. Two-year fixed term is
enforceable.
ASSIGNMENT 2 2025
UNIQUE NO. 185367
DUE DATE: 3 SEPTEMBER 2025
, 1. INTRODUCTION
Mrs B purchased an apartment in Cape Town and wishes to lease it to tenants. She
initially proposed conditions that raise legal issues under South African law. This
assignment provides legal advice on each proposed clause and presents a
professionally drafted residential lease agreement that complies with the Consumer
Protection Act 68 of 2008 (CPA), the Rental Housing Act 50 of 1999 (RHA), the
Constitution of the Republic of South Africa, 1996, and relevant case law.
2. LEGAL ADVICE TO MRS B
2.1 Tenant Age Restriction
Unlawful as it amounts to unfair discrimination under section 9 of the Constitution and
PEPUDA. Recommendation: Screen tenants on objective criteria such as
creditworthiness and income.
2.2 Exclusion of Liability for Damage
Invalid. CPA prohibits landlords from contracting out of liability for negligence or wilful
misconduct. Recommendation: Include a limited liability clause acknowledging
responsibility for negligence only.
2.3 Summary Termination of Lease
Invalid. CPA requires 20 business days’ written notice for early termination (s 14 CPA).
Recommendation: Allow termination on sale of property, subject to proper notice.
2.4 Lease Period (Minimum Two Years)
Valid. CPA permits up to 24 months without justification. Two-year fixed term is
enforceable.
