• Pre-emptive rights such as a right of first refusal may now be enforced against the lessor or the land owner even if granted verbally.
2.1 RENTAL HOUSING ACT: • On the expiry of fixed-period leases to which the Rental Housing Act applies, where the lessee remains in occupation with the consent of the lessor and the parties do not conclude a further written lease, they are deemed to have entered into a periodic lease on the same terms and conditions as the expired lease . [Practice note: provided no pre-emptive right clause is present which may later the terms.] The new lease may be terminated by either party on one month’s reasonable written notice . [Maphango case 2012 (3) SA 531 (CC)] OPDRAG 2.2 THE CONSUMER PROTECTION ACT: • On the expiry of a fixed-term lease to which the Consumer Protection Act applies, the lease will also continue as a periodic lease on a month-to-month basis if the lessee remains in occupation of the property and does not expressly terminate the lease or expressly renew the lease for a further fixed term. Unless the lessor has notified the lessee otherwise , the terms of the periodic lease will be the same as those of the expired lease . The lessor may vary the terms of the lease by giving the lessee not more than 80 days and not less than 40 days notice prior to the expiry of the existing lease. 2. Statute: END OF UNIT 7
You've reached the end of your free preview.
Want to read all 5 pages?
- Fall '18
- Contract Law, Leasehold estate, RENEWAL OF LEASE