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SU 2 Lease ST 1.pdf - Specific Contracts (KTH 220) Unit 2:...

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Prof. J BarnardSpecific Contracts (KTH 220)Unit 2: Letting and Hiring of Things (Lease)Theme 1: Introduction and Essentialia2021
2IntroductionDefinition of lease (letting and hiring if things)? See 16.11Steps:1)Is there a valid contract? (general requirements)2)What kind of contract? Is it a lease? (essentialia)3)If yes, what are the rights and duties (and remedies) of the parties?(naturalia) And is there relevant legislation?4)Are there any extra terms / amendments tonaturalia?(incidentalia)Parties:Lessor / landlordLessee / tenant© Exclusive intellectual property and copyright - prof. J Barnard (University of Pretoria). May not be sold or distributed.
3Sources of lawCommon law(Roman and Roman-Dutch)see 16.01Three times of lease agreements:1)Letting and hiring of things (lease)2)Letting and hiring of work (contractor: Unit 5)3)Letting and hiring of service (employee: Labour Law)Impact of modern legislation:- see 16.02Pre-2000: Rent Control ActRestrictions on rental; limited grounds for evictionRental Housing Act (RHA)Regulations to enforce amendments in terms of RHAA 2014 alreadypublished for public comment (watch this space!)Consumer Protection Act (CPA)Prevention of Illegal Eviction from and Unlawful Occupation of Land Act(PIE)Constitution, especially s 26.© Exclusive intellectual property and copyright - prof. J Barnard (University of Pretoria). May not be sold or distributed.
4Rental Housing Act (RHA)See 16.02-16.10 and 16.12Application:Definition of “lease”“an agreement of lease concluded between a tenant and alandlord in respect of adwellingforhousing purposesDefinition of “dwelling”includesany house, hostel room, hut, shack, flat,apartment, room, outbuilding, garage or similar structurewhich is leased...Thus, whenever the leased property isresidentialin nature, the RHAwill apply to the relationship between the lessor and lessee.See copy of RHA on ClickUP: read through it© Exclusive intellectual property and copyright - prof. J Barnard (University of Pretoria). May not be sold or distributed.

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Term
Fall
Professor
S van wyk
Tags
Leasing, Leasehold estate, Prof J Barnard

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