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The Rental Housing Amendment Act 35 of 2014

 

The Act came into operation on 5 November 2014, and in terms of this act a lease agreement must be in writing and must comply with the requirements of the act.

In short the act requires:

  1. The deposit must be deposited into an interest bearing account and a receipt be issued for the deposit as well as all rental payments. The tenant must be provided with written proof of interest earned on request
  2. The tenant and landlord must inspect the property on occupation and vacating of the property to determine defects, and these must be added as an annexure to the contract
  3. The tenant may sublet with consent of the landlord, which consent may not be unreasonably withheld
  4. The property must be in a habitable condition and the act defines habitable
  5. All lease agreements must contain:

 
  • the names and addresses of the parties for the purposes of formal communication;
  • a description of the dwelling;
  • the amount of rental;
  • reasonable escalation;
  • the frequency of payment;
  • the amount of deposits if any;
  • the lease or notice period;
  • information relating to the rights and obligations of the tenant and landlord
  • information on the amount of any charges payable in addition to rental.

Failure to comply with the above is punishable with imprisonment of 2 years or a fine or both and thus rental agents should ensure that their contracts comply with the above
29 Apr 2016
Author Apple Property Connection
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