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In the recent case of Tudor Hotel Brasserie and Bar (Pty) Ltd v Hencetrade 15 (Pty) Ltd the court addressed the issue regarding set-off where the tenant argued that vacant occupation of the entire leased premises was not received. In this case Hencetrade (hereinafter referred to as the

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Q1 Hi, I am a new property owner and I recently purchased an apartment in Glenwood, Durban. The property was occupied by a tenant at the time of acquisition and when that lease expired, it was let to a new tenant. The tenant (a pastor), has indicated

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Every lease agreement should contain common clauses like annual escalations and exit clauses. But what happens when they are not included in your lease agreement? Got a question? Email david@hometimes.co.za  

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Q Hi, I am a landlord, and I had a defaulting tenant that has since vacated my property. However, they still owe outstanding rental. What would be the best process to recover this missing rental amount which totals to about R14,500? The TPN Credit Bureau suggests the Small Claims

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Q Hi, I am about to sign a lease agreement for a residential property. One of the clauses, however, does not sit well with me. I would like to know if the clause is CPA-compliant. It reads as follows: "The Landlord agrees to pay the Estate Agent

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Sub-letting, be it with permission or illegally, is a trend that residential landlords can’t quite escape – especially as belts get tighter and tenants feel economic pressure. “We are seeing more and more illegal sub-letting, particularly in the emerging market space. People who might not have

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HomeTimes has launched another first: Facebook Live legal and sectional title advice, in collaboration with SSLR Inc. Using the power of our reach on Facebook, and our access to the best legal minds in the residential property industry, we are able to help you, our readers,

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Rentals are expected to continue to rise slowly in 2018 as the challenges of home affordability and stricter lending criteria tighten their grip, but it’s a double-edged sword as the Gauteng market will come under increasing pressure from declining disposable income levels and, albeit slower,

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Our beautiful country is faced with one of the worst droughts in history. Day Zero for Cape Town has already been moved up to 12 April, 2018. With this date fast approaching it leaves the rental market with some uncertainty regarding the legal position of

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Being a landlord is not for everyone. It is not an easy way to supplement your income or make a living and it is definitely not just about signing lease agreements and collecting rent. “Many landlords underestimate the amount of time and energy it can require

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