Real Estate Investor Magazine South Africa June 2016 | Page 27

Get it in writing It is the landlord’s responsibility to provide a written lease contract, and, as with the habitability clause, failure to do so is a criminal offence. The Act stipulates what should appear on the written lease, and this formalises what we have always recommended: been caused during the tenancy. The landlord is entitled to deduct the cost of repairs from the deposit. • Condition of the property: This provision is undoubtedly an attempt to ensure that unscrupulous landlords do not attempt to pass off uninhabitable dwellings to desperate or vulnerable tenants as suitable for occupancy. The property must be ‘habitable’, which is defined as having adequate space and protection from the elements, being safe and secure and structurally sound. A landlord who fails to comply with this requirement can face a criminal charge. • The names and addresses of both landlord and tenant; • A description of the property; • The agreed rent, how much and when it may increase (e.g. by 10% at annual renewal), and the frequency of payment (monthly, quarterly, etc.) • The deposit amount; • The notice period for quitting the property (applicable to both parties) • Information on the rights and obligations of the tenant and landlord, in other words what each party is responsible for, e.g. utilities, maintenance, etc. (usually, tenants pay for charges related to things they use, such as water and electricity, and landlords pays for charges related to the property, such as rates) Who can help? The Amendment Act requires Rental Housing Tribunals to be established in all provinces, however, in the Western Cape we are fortunate to have a fully operational Rental Housing Tribunal. It can advise you of your rights and responsibilities as a landlord, and can help in the event of a dispute with a tenant. RESOURCES sdlaw Developing Future Cities 2 – 3 November 2016 CTICC, Cape Town, South Africa EXPAND YOUR COMMERCIAL PROPERTY PORTFOLIO IN THE TOP 10 AFRICAN CITIES BY ATTENDING THE AFRICAN REAL ESTATE SUMMIT THIS NOVEMBER Why attend? • View city plans and development launches from Africa’s top cities • Meet with investors, developers and government officials • Become the preferred solution provider for cities across Africa • Learn from industry experts and key decision makers in African real estate To discuss your company’s participation or to secure your seat, please contact Stephan Herman on [phone] or [email protected] Invited Host City: Promotional Agency: Organising Partner: African Event Specialists: www.african-real-estate-summit.com Premier Media Partner: