We have recently received many queries regarding signatures on documents. Specifically, who must the Landlord or Agent get to sign the lease agreement? There is a simple idiom that reigns true regarding parties to an agreement, explicitly dealing with tenants, more is more. The more people that are signatories to an agreement, the more people you can hold liable for rental and ancillary expenses! There is no legal rule precluding a Landlord from insisting that say a parent or guardian of the student sign the lease agreement together with the student.

Similarly surety agreements are not only used in the commercial property realm. If you have a company lease a property for one of their employees, we always advise that the occupant be a party to the lease agreement or sign a surety document, so that he is concurrently bound for payment. Surety agreements are excellent, specifically when issuing a summons against the Tenant for non-payment of rental and then also serving the same summons on the surety. You usually get a strong affirmative and economically enriching response.

Spouses and Students are the two main Tenant groups we will focus on herein. Many newly married couples look for rental property as their first accommodation together. Agents usually call us at this time to ask which of the spouses must sign the agreement, specifically when they couple is married out of community of property. Again, we insist that both spouses sign, even though only one of the spouses may be economically inclined to sign the document. Having both spouses as signatories on the lease agreement leads to better security for later rental payments. Student accommodation is a great investment, especially when your lease agreement is well drafted. The inclination of the student to pay late decreases as soon as a parent/guardian signs the lease agreement together with the student. This can be conclusively proven by statistics and again we insist on concurrent signature, to better your chances of payments, month in and month out. The TPN Student Lease Agreement in the LeasePack, has already been drafted to include a parent/guardian as co-tenant and we suggest that this document be used, should you not have a tailor-made solution.

Late or non-payment of rental and ancillary expenses is an inherent risk to any rental property investment. Protect yourself or the landlord by insisting on co-signatories or a surety. Never, simply because a party looks as if they will pay in accordance to the lease agreement, overlook the necessity of binding another party jointly for payments in terms of the agreement. This oversight may just be the difference between successful tenancy and fruitless property investment. Kindly call us for any queries or property advice and as always #HappyRenting.

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 mandate agreement? The lease agreement remains in […]

Court Dates

Court Dates

Obtaining court dates from the High Courts in Lockdown Level 1 As much as we, as legal practitioners, have got used to attending to court virtually and working with the new online court system, called CaseLines; the legal profession is still experiencing extreme difficulties. The latest court directives allow us to issue new proceedings at […]

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 legal system, been one of the cornerstone principles governing property […]

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 headings like “Lockdown Regulations Unconstitutional”; as much […]

Evictions During Level 4

Evictions During Level 4

LEVEL 4 REGULATIONS ON EVICTIONS The Alert Level 4 Regulations were released to the public explaining exactly what Level 4 will entail for the South African public. One of the regulations, specifically Regulation 19, deals with the prohibition of evictions and has a big effect on our property industry. The Regulation reads as follows: A […]

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 never before experienced. Government has, in response to the virus, […]

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