Effect of a sale on the mandate

Effect of a sale on the mandate

The effect of a sale on a management mandate agreement Is the purchaser of a property with a tenant in the premises duty-bound to perform in terms of the former landlord’s obligations towards the lease agreement, or in terms of a mandate in the case of a management...
RHA vs huur gaat voor koop

RHA vs huur gaat voor koop

 Does Section 4(5)(c) of the Rental Housing Act contradict the principle of huur gaat voor koop? The legal principle of huur gaat voor koop was established within Roman Dutch Law and has, since the adoption of Roman Dutch Law as the foundation of the South African...
Property Rental – Level 3

Property Rental – Level 3

Why were these regulations declared unconstitutional by the High Court? What does this mean? On 2 June 2020 the High Court handed down a judgement in the matter of De Beer v COTGA. News of this judgement spread in the media and on social media like wildfire, with...
Withholding Rent During Lockdown?

Withholding Rent During Lockdown?

No regulations of any kind have been implemented to authorise tenants to refrain from paying rent. The global pandemic brought about by the COVID-19 virus has thrust South Africa into one of the most unfamiliar and uncertain times in our history, the likes of which...
Deposit Utilisation

Deposit Utilisation

Bringing Clarity to the principle of Deposit Utilisation during the COVID-19 State of National Disaster The law is made up of a number of different parts.   Common Law is that part of our law that is based on Roman-Dutch Law and is mostly unwritten. An example in...
Payment Allocation by a Landlord

Payment Allocation by a Landlord

How much freedom does a Landlord have when it comes to allocating payments made by a Tenant? The answer of this question is mostly regulated by the lease agreement. Should the lease agreement be completely silent on the matter and rent is specified in the lease...