What happens when a landlord or a tenant wants to cancel a lease? What rules and what legislation apply? What protection does the law provide? If you want to end your lease early, this can be done in situations where: the Consumer Protection Act or Rental Housing Act applies, or there’s a clause in the contract that allows for early …
How does the Budget Speech affect you, your property transactions and your estate?
On 21 February 2018, Finance Minister Malusi Gigaba delivered his 2018 Budget Speech.Hereby a summary of the most significant proposals for the 2018/2019 Budget as tabled by the Minister of Finance: 2018/2019 Tax Proposals: VAT: A one percentage point (1%) increase in VAT from 14% to 15%. No adjustments to the top four income tax brackets. Below inflation adjustments to …
Is the tenant or landlord responsible for the water leaks?
Questions, and sometimes disputes, often arise between landlords and tenants regarding where the responsibility lies with the maintenance of a property. The simple answer is that tenants can generally only be held responsible for repairs/replacement on the property if the damage was caused by the tenant’s actions, or items that have a short life span, such as light bulbs. On …
Why is my property transfer taking so long?
After signing a deed of sale, the purchasers often want to move into the property as soon as possible. When they are informed of the process involved prior to the property being transferred this may damper their excitement. There may also be delays in the transaction. In order to avoid unnecessary frustration, it is vital that parties to the transaction …
Title deeds when buying or selling property
If you’re planning to buy a new property, you’ll need to get the title deed transferred into your name to prove that you’re the owner of the property. You’ll need the assistance of a lawyer specialising in property transfers (also known as a conveyancer) to help you transfer the title deed into your name. You’ll only become the owner of …
MUNICIPAL DEBT INVALID, THE CONSTITUTIONAL COURT HAS RULED
On 23 May 2017, the Constitutional Court heard an application for confirmation of an order of the High Court of South Africa, that declared section 118(3) of the Local Government: Municipal Systems Act, 2000, constitutionally invalid. On 29 August, in a ruling majority written by Justice Edwin Cameron, the court found that upon transfer of a property, a new owner …
CO-OWNING PROPERTY WITH SOMEONE ELSE: THE UPS AND DOWNS
What is co-ownership? Co-ownership is when one or more people jointly own the same property. In essence, it is when they legally share ownership without dividing the property into physical portions for their exclusive use. It is thus commonly referred to as co-ownership in undivided shares. It is possible to agree that owners acquire the property in different shares; for …
Cancelling a lease agreement early
If you want to end your contract early, this can only be done “in situations where the Consumer Protection Act or Rental Housing Act apply” – or if there’s a clause in the contract that allows for early cancellation, or if both parties agree to it. If, on the other hand, one of the parties wants to cancel because the …
Important steps for the transfer of property
The transfer process can take up to three-months, sometimes longer. There are different steps involved in the transfer of a property, these include: Instruction. A conveyancer receives the instruction to transfer the property. Communication. The conveyancer communicates with the various role-players involved in the transfer process, such as the seller, purchaser, transfer and bond attorneys, municipality, bank, South African Revenue …