The Rental Housing Amendment Act 35 of 2014
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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:
- 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
- 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
- The tenant may sublet with consent of the landlord, which consent may not be unreasonably withheld
- The property must be in a habitable condition and the act defines habitable
- All lease agreements must contain:
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- 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.
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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
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Author Apple Property Connection
Published 29 Apr 2016 / Views -
