Have any questions? Contact us



View Cart "Landlord’s Hypothec Waiver" was successfully added to your cart.
Consumer Protection Act Residential Lease Agreement Pack for Individuals
Consumer Protection Act Residential Lease Agreement Pack for Individuals

Residential Lease Agreement Pack for Individuals Consumer Protection Act

R900.00

Please read this article as it highlights the amount of problems that residential property landlords face when leasing residential property, and either disregarding, or having no regard for, the Consumer Protection Act. Additionally, one wonders how many residential property landlords actually understand the risks of arbitrarily evicting tenants. Too often residential property landlords believe that using a lease agreement downloaded from the internet is OK! When that landlord continually/regularly leases residential property, those leases are not worth the paper they are written on, if they do not provide for the Consumer Protection Act and other legislation that is protective of tenants!

Residential property landlords cannot afford to be cavalier or dismissive of the rights of tenants, and must make certain that their residential property leases comply with the common law, the Constitution and key statutes, failing which they face criminal and civil sanction in certain instances.

PLEASE NOTE that this is a substantive residential property lease pack that contains a Consumer Protection Act-compliant lease agreement and other documents (click on view below for more information). It is for use between parties who are natural persons (individuals). The landlord here is one who is a supplier under the Consumer Protection Act, and is further, a person who leases residential property continuously.

It is solely for use when the landlord leases in his/her individual capacity and does not make use of an Estate Agent Board’s rental agent. In due course we shall make available a residential lease pack that has a mandate for an EAB rental agent.

However, for now, this comprehensive residential lease agreement pack:

  • is solely for use where the landlord is an individual; and
  • the tenant is an individual;
  • the landlord owns the residential property to be leased in his/her personal capacity;
  • the landlord leases in his/her personal capacity and is not using an EAB rental agent; this means that the landlord attends to everything concerning the letting of the property, the tenant’s viewing thereof, the completion of the lease and supporting documents;
  • is for use by landlords who lease their residential property on a regular basis.

PLEASE ENSURE YOU’VE READ THE FAQs BEFORE PURCHASING AN AGREEMENT.

YOU MUST HAVE SOFTWARE ON YOUR COMPUTER TO BE ABLE TO DOWNLOAD ZIPPED FILES: THIS IS FREELY AVAILABLE: http://www.7-zip.org/

Category: .

Product Description

CONSUMER PROTECTION ACT-COMPLIANT RESIDENTIAL PROPERTY LEASE PACK FOR INDIVIDUALS

PLEASE ENSURE YOU’VE READ THE FAQs BEFORE PURCHASING AN AGREEMENT.

YOU MUST HAVE SOFTWARE ON YOUR COMPUTER TO BE ABLE TO DOWNLOAD ZIPPED FILES: THIS IS FREELY AVAILABLE: http://www.7-zip.org/

PLEASE NOTE: If you experience any difficulty in downloading zipped files or if there is any technical error, please email info@sitllegal.co.za.

PLEASE NOTE that this is a residential property lease pack that contains all the documents mentioned below. It is for use between parties who are natural persons (individuals). The landlord here is one who is a supplier under the Consumer Protection Act, and is further, a person who leases residential property continuously. It is solely for use when the landlord leases in his/her individual capacity and does not make use of an Estate Agent Board’s rental agent. In due course we shall make available a pack that has a mandate for an EAB rental agent.

However, for now, this comprehensive residential lease agreement pack:

  • is solely for use where the landlord is an individual; and
  • the tenant is an individual;
  • the landlord owns the residential property to be leased in his/her personal capacity;
  • the landlord leases in his/her personal capacity and is not using an EAB rental agent; this means that the landlord attends to everything concerning the letting of the property, the tenant’s viewing thereof, the completion of the lease and supporting documents;
  • is for use by landlords who lease their residential property on a regular basis.

Please read this article as it highlights the amount of problems that residential property landlords face when leasing residential property with no regard to the Consumer Protection Act, let alone the risks for landlord should they arbitrarily evict tenants etc. The Constitution requires that no-one may be arbitrarily deprived of their right to a dwelling. This means that landlords have to tread carefully when evicting or they could land in jail. Similarly contravening the Consumer Protection Act means that residential property landlords could face jail-time, a fine, OR BOTH!!!

Also, in a sense, landlords have to act like “legal advisors” to tenants in some instances, e.g. in terms of section 49 of the Consumer Protection Act, a landlord has to explain the lease agreement to the tenant and point out clauses where the tenant assumes certain risks and liabilities, or where the tenant indemnifies the landlord, or where the landlord’s liability is limited. No longer can landlords rely on clauses in a residential lease agreement, that are subject to the Consumer Protection Act, that state that the agreement is only subject to the warranties and undertakings set out in the lease agreement, i.e. the written substance of the agreement is binding. This is no longer the case. Tenants can indeed argue that an undertaking was verbally made to them and not recorded in the agreement resulting in the landlord having to prove such is not the case.

Our very robust Constitution, Constitutional Court case law, and Consumer Protection Act go a long way in protecting the rights of tenants and our legislature is making it abundantly clear that violations of the rights of tenants will be dealt with quite strictly, and RIGHTLY SO! There are also strong civil society organisations out there that fight for the rights of tenants passionately.

One can be forgiven for thinking that the purpose of such tenant-protective legislation is to enable the State to pass on its obligation to realise the socio-economic right to housing to private individuals, and while all of the above is a bit fear-inducing for landlords, we believe it is actually something to be lauded. We believe that it will force landlords and tenants to engage one another in a more meaningful and constructive way; it will force both landlords and tenants to become familiar with the Consumer Protection Act (as one example), which in turn is great for when these parties exercise their CPA rights against corporate service providers.

Tenants need to be aware that while, legally, there is some latitude with regard to the enforcing of their rights, no rights are absolute. Landlords can sue for breach, charge a reasonable early termination penalty and claim costs etc. for the bringing of eviction proceedings. Landlords are also able to exercise all rights that they have in criminal law.

So, landlords also have civil rights- it just takes a bit more to enforce them and leasing residential property without knowing what your rights and obligations are can be very costly for residential property landlords (from both a civil and a criminal angle).

To assist residential property landlords (those that lease residential property on a regular basis) and tenants (yes tenants are encouraged to purchase this pack as well; you may as well learn what your rights are and compel errant landlords to comply), we have created a very cost effective residential property lease pack that contains the following documents:

  • a guideto help you work your way through the documents. Please do NOT make substantive changes to the documents unless you have a legal practitioner look at them you may email info@sitllegal.co.za in this regard;
  • a comprehensive plain language residential property lease agreement that complies with SA law generally, and the Consumer Protection Act specifically;
  • a bilaterally applicable confidentiality agreement;
  • a unilateral confidentiality undertaking;
  • a landlord’s disclosure document (legally the landlord has to disclose patent and latent defects before the tenant views the property. This is in terms of the Consumer Protection Act, which does away with the voetstoets clause (where lessors regularly lease residential property); this document has to be provided to the tenant and cannot be waived;
  • a rental application form which requests comprehensive information from the tenant and his surety; it also obtains the consent of the tenant to do necessary credit checks and obliges the tenant to procure that the surety does the same regarding the landlord;
  • an inspection document to be used for both incoming and departure inspections. This is a requirement of the Rental Housing Act. The incoming inspection must be done prior to occupation and cannot be done away with. This document also sets out what the obligations of the landlord are in terms of repairing defects; on departure it sets out what the tenant’s obligations are concerning damage to the property during the tenant’s occupation thereof;
  • a plain language suretyship;
  • a power of attorney that the landlord will use on an ad-hoc, very short-term basis, for an agent to step into his/her shoes, e.g. when away on vacation;
  • specimen tenant letters:
    • to the landlord concerning non-material breach;
    • to the landlord concerning material breach;
    • to the landlord concerning early termination;
    • to the landlord where the latter has not goven notice of impending expiry date and new lease terms;
  • specimen landlord letters:
    • to the tenant concerning non-material breach;
    • to the tenant concerning material breach;
    • to the tenant notifying of impending expiry date and new lease terms;
    • to the surety, notifying that latter that the tenant has defaulted etc.

(20 documents in total.)

YOU MUST HAVE SOFTWARE ON YOUR COMPUTER TO BE ABLE TO DOWNLOAD ZIPPED FILES: THIS IS FREELY AVAILABLE: http://www.7-zip.org/

Please note: SITL Legal can assist with vetting all documents once finalised for a reasonable fee. Make use of this service where you want certainty that everything has been concluded correctly. Contact info@sitllegal.co.za for a cost-effective quote in this regard.

As always, constructive feedback is encouraged; please email info@sitllegal.co.za, or just email us via this website.

PLEASE NOTE: If you experience any difficulty in downloading zipped files or if there is any technical error, please email info@sitllegal.co.za