Consumer Protection Act South Africa Regarding Lease Agreements

There is a school of thought that thinks that if a landlord rents a home intermittently or uniquely, it does not constitute a rental in the “normal business”, because the company involves a continuous activity according to the CPA. An example of this is if someone rents an apartment to a tenant until the sale of that property is made to the tenant, or a situation where someone owns a holiday apartment and rents it to a parent who is there with a short-term employment contract. However, there is another school of thought that believes that all residential rental contracts to tenants (who constitute tenants under the CPA) are subject to the provisions of the CPA. We believe that, over time, this issue will be definitively decided by our courts. In the meantime, it is better to err on the side of caution and, in case of doubt, consult an experienced lawyer. Section 5 of the ACC specifies that it applies to housing rental contracts, subject to certain requirements. Although within the meaning of the law, the lessor has the right to make the tenant liable for a “reasonable penalty” in the event of early termination of the rental agreement; it is not intended and is not intended to punish tenants; but rather allow the lessor to make good any damage he has suffered as a result of the early termination of the lease; and the tenant who evacuates before the lease has begun.. . .