PRL5901
Assignment 2
Unique No: 185367
DUE 3 September 2025
, PRL5901: ASSIGNMENT 02
DUE DATE: 03 SEPTEMBER 2025 (15:00)
NO EXTENSION
COMPULSORY ASSIGNMENT
UNIQUE NUMBER: 185367
Please note: This is a compulsory assignment for PRL5901, and it counts 20%
towards your final mark for this module.
PART 1
ADVICE TO MRS B
Introduction
You have requested advice regarding your proposed lease terms for the apartment in
Cape Town. The terms must comply with the Constitution of the Republic of South
Africa, 1996¹, the Consumer Protection Act 68 of 2008 (CPA)², the Rental Housing Act
50 of 1999 (RHA)³, and common law. Several of your suggested clause’s risk being
unenforceable if left unchanged. The advice below draws on the PRL5901 Reader –
Learning Unit 3⁴ and relevant legislation.
1. Age Restriction (Tenant between 30 and 40 years)
• Legal Analysis:
o The PRL5901 Reader (LU3, Lesson 11, Essentialia and Incidentalia of
Leases)⁴ makes it clear that additional terms (incidentalia) must be lawful
and not contrary to statutory prohibitions.
o Section 9 of the Constitution¹ prohibits unfair discrimination, including on
the basis of age, unless objectively justifiable. The Promotion of Equality
and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) ⁵
reinforces this.
, • Advice: Remove the age restriction. Instead, use lawful vetting criteria (LU1,
Lesson 5 – Basic Issues and Clauses Affecting All Contracts, “Main obligations”
and “Applicable law” ⁴).
2. Exclusion of Liability for Tenant’s Property
• Legal Analysis:
o The PRL5901 Reader (LU1, Lesson 5 – Liability limitation and indemnity
clauses) ⁴ explains that clauses excluding liability are permissible only if
they do not conflict with statutory law.
o Section 48 and 51 of the CPA² prohibit terms that unreasonably exempt a
supplier from liability for gross negligence.
• Advice: Limit the exclusion to losses not caused by your negligence, gross
negligence, or intentional misconduct.
3. Right to Terminate Without Reason
• Legal Analysis:
o LU1, Lesson 5 of the Reader⁴ states that termination clauses must comply
with applicable legislation.
o Section 14 of the CPA² and section 4(5) of the RHA³ give tenants
protection against arbitrary termination.
• Advice: Maintain termination rights but only for lawful grounds: breach, non-
payment, or sale of the property with statutory notice. This aligns with LU1’s
guidance on “Termination of obligations” and “Applicable law and jurisdiction” ⁴.
4. Minimum Lease Term of Two Years
• Legal Analysis:
o LU3, Lesson 11⁴ acknowledges that parties can agree on lease duration,
but the CPA (s14(2)(b)(i)) ² gives tenants the right to cancel with 20
business days’ notice, subject to a reasonable penalty.
Assignment 2
Unique No: 185367
DUE 3 September 2025
, PRL5901: ASSIGNMENT 02
DUE DATE: 03 SEPTEMBER 2025 (15:00)
NO EXTENSION
COMPULSORY ASSIGNMENT
UNIQUE NUMBER: 185367
Please note: This is a compulsory assignment for PRL5901, and it counts 20%
towards your final mark for this module.
PART 1
ADVICE TO MRS B
Introduction
You have requested advice regarding your proposed lease terms for the apartment in
Cape Town. The terms must comply with the Constitution of the Republic of South
Africa, 1996¹, the Consumer Protection Act 68 of 2008 (CPA)², the Rental Housing Act
50 of 1999 (RHA)³, and common law. Several of your suggested clause’s risk being
unenforceable if left unchanged. The advice below draws on the PRL5901 Reader –
Learning Unit 3⁴ and relevant legislation.
1. Age Restriction (Tenant between 30 and 40 years)
• Legal Analysis:
o The PRL5901 Reader (LU3, Lesson 11, Essentialia and Incidentalia of
Leases)⁴ makes it clear that additional terms (incidentalia) must be lawful
and not contrary to statutory prohibitions.
o Section 9 of the Constitution¹ prohibits unfair discrimination, including on
the basis of age, unless objectively justifiable. The Promotion of Equality
and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) ⁵
reinforces this.
, • Advice: Remove the age restriction. Instead, use lawful vetting criteria (LU1,
Lesson 5 – Basic Issues and Clauses Affecting All Contracts, “Main obligations”
and “Applicable law” ⁴).
2. Exclusion of Liability for Tenant’s Property
• Legal Analysis:
o The PRL5901 Reader (LU1, Lesson 5 – Liability limitation and indemnity
clauses) ⁴ explains that clauses excluding liability are permissible only if
they do not conflict with statutory law.
o Section 48 and 51 of the CPA² prohibit terms that unreasonably exempt a
supplier from liability for gross negligence.
• Advice: Limit the exclusion to losses not caused by your negligence, gross
negligence, or intentional misconduct.
3. Right to Terminate Without Reason
• Legal Analysis:
o LU1, Lesson 5 of the Reader⁴ states that termination clauses must comply
with applicable legislation.
o Section 14 of the CPA² and section 4(5) of the RHA³ give tenants
protection against arbitrary termination.
• Advice: Maintain termination rights but only for lawful grounds: breach, non-
payment, or sale of the property with statutory notice. This aligns with LU1’s
guidance on “Termination of obligations” and “Applicable law and jurisdiction” ⁴.
4. Minimum Lease Term of Two Years
• Legal Analysis:
o LU3, Lesson 11⁴ acknowledges that parties can agree on lease duration,
but the CPA (s14(2)(b)(i)) ² gives tenants the right to cancel with 20
business days’ notice, subject to a reasonable penalty.
