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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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Q Hi, what effect does the death of a tenant have on a lease agreement? A In terms of the common law, a lease agreement does not automatically terminate upon the death of a party. The executor must make the decision to terminate the lease agreement and the

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Q Hi, I came across your video regarding deposits. Firstly, I would like to know what recourse does a landlord have when a tenant has destroyed a property and you only have one month’s deposit. That does not cover the damages? Can a landlord when renting out

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Young adults who have just left their family home to rent their first house have a similar dilemma new entrants to the job market have when applying for and interviewing for their first job: little to zero practical experience, fierce competition with other new entrants

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Q Hi, I signed a fixed-term lease for a year that said I am allowed two guests per week to stay over. Before I moved in the landlord emailed me to say that the guest policy has been changed and no guests are allowed. I did not accept

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Many tenants ask their landlords for first refusal, should the landlord ever decide to sell the property. “For a happy tenant the right of first refusal is a fantastic opportunity to not only remain in the property they love, but to purchase it for themselves

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Those who are fans of agreements that have transparency, visibility, simplicity and clarity, should take note of the new global trend towards so-called “Comic Contracts”. Comic Contracts are increasingly used to enhance communication and comprehension of legal technical content. Comic Contracts aim to decipher legalese

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The rental housing market is a competitive playing field, even more so in sought-after areas; when the right property at a reasonable price comes along you better jump or risk losing it to the next prospective tenant. No wonder then that so many tenants get

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Q Hi, We suddenly need to relocate for work and will need to rent a home. We've found a suitable place and made contact but the landlord is insisting that he wants a joint application from me and my wife. I don't understand this; although she

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