We recently wrote about the Rental Housing Amendment Act 35 of 2014, still to be gazetted. It seems the article has focused the minds of our clients and we’ve had requests for more information on what the Amendment Act means for both landlords and tenants. So we will set out here what we see as the most important points.
Obligations of the landlord
Arguably the most significant change in legislation is the onus on the landlord to provide a written lease agreement and the criminalisation of the failure to do so. This strikes us as a heavy-handed means to a reasonable end, and an alternative approach might be the provision of a default lease agreement enforceable in law in the absence of a written lease. This would encourage landlords to draw up written agreements if they want to be sure of including their own clauses, but not tie up court time enforcing an unnecessary criminal law should they be negligent in drafting the lease. But meanwhile, if you are a landlord, it is your responsibility to provide your tenant with a lease in writing.
The lease must contain, at a minimum, the street address of the premises, the rights and obligations of the landlord and tenant (which must comply with the Act), the deposit amount, the rental amount, any other charges, the frequency of payment and the process to follow if escalation of complaints is necessary. To continue reading click here…