Joint inspection necessary at start and end of lease

WHAT are the requirements of the Rental Housing Act 50 of 1999 regarding leases? In addition to important information that is a part of a lease contract, the act requires tenant and landlord to include specific information and imposes certain duties. These cannot be negotiated or left out.

Below, a few examples of what is deemed to be part of the lease contract, even if parties failed to include these in the contract:

Joint inspection: A joint inspection must be undertaken by both parties before the tenant takes occupation and within three days before the tenant moves out of the property.

Difference between viewing and inspection: It is common practice that tenants view the premises and thereafter decide to enter into a lease contract.

Viewing the premises is not the same as inspecting it for the purpose set out in the act, that is, to inspect for any defect. Under common law, it was not a requirement to inspect the premises.

However, the act has now made this a requirement: Section 5(4) states: The standard provisions referred to in subsection (3) may not be waived by the tenant or the landlord. Joint inspection is therefore necessary at the commencement of the lease and towards the end of the lease period.

It is the landlord who is required to make sure that the property is handed over to the new tenant without any defect, and a joint inspection is to confirm this or to agree on any defect that needs to be repaired.

There is obviously a problem with an inspection within three days of vacating because an unscrupulous tenant may damage the property on the last day if the inspection was carried out on the penultimate day.

Receipts: The landlord must give the tenant written receipts for all payments he or she receives from the tenant, including the payment of deposit. Section 5(3) (b) of the act stipulates: “Provided that a Tribunal may in exceptional cases, and on application by a landlord, exempt the landlord from providing the information contemplated in this paragraph.” The landlord will have to get a ruling from the Tribunal granting an exemption.

Deposit: The tenant must pay a deposit if this was agreed between the tenant and landlord. The deposit must be paid before the tenant takes occupation and the landlord has to invest the deposit in an interest-bearing account.

Breach: In respect of the tenant moving out of the dwelling before the lease period is over, the lease is deemed to have ended when the landlord realises that the tenant is no longer in occupation. The landlord can also take legal action against the tenant for breaking the lease, ie, moving out before the lease period ended or without a proper notice (a calendar month’s notice in the case of a monthto-month lease).

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