OBLIGATIONS OF LANDLORD AND TENANT

This article covers  the rights and obligations of landlords and tenants, including any effects from the Consumer Protection Act (CPA).

Both parties have rights and obligations in terms of common law as well as statutes. Common law is law which has developed over time through various cases presented in courts; in essence it is law made by the courts of this country.





The following are some of a landlord’s rights and obligations:

1. Landlord must not discriminate against prospective tenants
2. Landlord may charge a reasonable rent amount
3. A landlord does not have to supply a written lease unless requested so by a tenant.
4. A landlord must place deposits paid by the tenant in an interest bearing bank account.  Statements must be provided to the tenant where requested.
5. Landlords have a  right to regular payment of rent.  If not the landlord has legal remedies which can be used. This off course ties in the tenant’s duty to make payment on time.
6. A landlord must allow the tenants privacy in the property and allow them undisturbed possession and enjoyment.
7. A landlord is responsible to carry out repairs to the property when problems have been pointed out by the tenant.
8. A landlord may inspect the property but must give the tenant reasonable notice.

MARITAL REGIMES AND PROPERTY

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Under South African law there are various ways in which a marriage can be governed.  This includes particular reference in the conveyance of a property as a marital regime may determine who the owner of the property actually is.

Where parties are married in community of property the parties own the property jointly.  This is also the case where a person owns a property prior to getting married and thereafter marries in community of property.  In this instance the new spouse’s name will not be on the title deed but by virtue of the marital regime will still own half.  Where parties wish, their new marital status can be endorsed on the title deed to show this, however, this is not a necessity to prove joint ownership in this circumstance.

Where death occurs one spouse may acquire the entire property, meaning that the surviving spouse will retain their 50% of the property and the deceased’s share could be bequeathed to them in terms of a will.  On divorce, however, each party will own 50% of the property, unless a court directs otherwise.

With marriages out of community of property it is important to note that there are two ways in which a person can marry out of community of property, that is, either with accrual or without accrual.  A without accrual scenario occurs where parties have an ante-nuptial contract and state that each person’s assets remain that person’s own, irrespective of what happens in a marriage.  This is probably the safest way to keep a property.

SIGNING TRANSFER DOCUMENTS OVERSEAS

cater for a delay  | organize in advance

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An increasing amount of our sales are for clients who are moving overseas with more people who have moved abroad, or are in the process of, are selling their properties in South Africa.  In many instances the parties involved in the transfer process, i.e the sellers, the purchasers and agents, are unaware of the challenges and reasonable delay that may be caused where the sellers need to sign transfer documents when they have already left the country.
Rule 63 of the High Court Rules states that:

Seller/s must

1. sign the documents abroad in the presence of one of the following officials.  (see below)
2. and The official will confirm its status and attach its seal to the documents.

WHO CAN AUTHENTICATE DOCUMENTS SIGNED OVERSEAS?

WHAT IS A TRANSFER BY ENDORSEMENT?

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Recently, on our blog,  we looked at transfer duty exemptions.  One of these exemptions refers to the condition where a spouse, married in community of property, gets divorced and receives the joint property as part of the settlement.

REQUIREMENTS FOR A SECTION 45BIS(1)(A) (DEEDS REGISTRIES ACT) TRANSFER: 

• Parties must be married in community of property
• One party must receive the entire property on divorce from the other spouse in terms of a court order
• Where the property is bonded, the acquiring party must qualify to carry the bond on their own (naturally this last requirement falls away where the house has been paid in full)

WHY SHOULD I KNOW ABOUT THIS?
This type of transfer (transfer by endorsement) is done in order to speed up the process of transfer of property between parties in the divorce process.  The one spouse obtains full ownership of the house and the procedure should be financially feasible.  Please note that an ordinary transfer in these instances may be done, however there are higher fees, as a normal transfer will attract transfer duty.

PROPERTY EXPROPRIATION LAWS

WHAT DO THEY MEAN FOR YOU, THE OWNER?

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Owning a home is a wonderful privelege, but there are times when it can be quite scary - especially if you don't know the relevant laws.  Our lawyers, Masilo Friemond, recently sent out this great article on expropriation.  In a political climate of land-reforms and massive urbanisation, this is an excellent topic and well-worth read!

Expropriation is a process whereby the government aquires your property from you.  This is usually not a process of negotiation and can occur in instances where land is taken for public benefit or, in certain instances, wher land is needed for land reform purposes.

Public benefit (or public purposes) includes any intention connected with the administration of the provisions of any law by an organ of state.  For example; Eskom may require your piece of land to put up a tower, or the Gautrain can expropriate your property to build on it for public benefit.

TEDDY BEAR DRIVE

giving back to the community

Ever since the 1902 bear-hunt incident in 1902 in which Theodore ‘Teddy’ Roosevelt sparked the imagination of local toy maker Morris Michtom, teddy bears have been a favourite children the world over.  On Sunday 17 June, the Rivigan Group was privileged to sponsor the Featherbrooke Estate’s Father’s Day Teddy Bear drive.

Stirling Spengler, Allison Airey-Spengler, Michelle Neill,  Lynne Goodwill & Ray Kirby (Featherbrooke Agents) are pictured here with the magician, Winnie-the-Pooh and some of the children who partook in the fun activities! 

A beautiful JHB winter’s day was warmed by the sincerity and generosity of the families that joined us.  Michelle Neill, the Social Manager for the estate, had asked us to supply cupcakes, colouring-in activities and crayons; we managed to rope in Winnie-the-Pooh and had a carousel for the little-ones too!  All of the residents brought their own picnic baskets and each family donated a new teddy bear for the drive.