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Summary Letting and hiring
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Tutorial questions regarding letting and hiring - law of contract
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LAW OF CONTRACTTUTORIALS:
LETTING & HIRING / LEASE
Answer the following questions:
1. Name the requirements essential to the conclusion of a valid contract of lease. (3)
2. What is the significance of the Rental Housing Act, 1999 (as amended)? (3)
3. Explain the differences, legally and practically, between a purchaser’s rights to a piece of
land he has bought and a lessee’s rights to a piece of land he has leased. (4)
4. Is it possible for the consideration due to a lessor in terms of a lease agreement to be in a
form other than money? Discuss. (5)
5. Name and discuss the 4 primary duties of the lessor in terms of a contract of lease. (12)
6. Millie leases a house from Jack. 3 months into the lease term, Millie decides she’d like to
erect a gazebo in the garden. Without letting Jack know of her intentions as far as the
gazebo is concerned, Millie contracts a sub-contractor to design and erect the gazebo.
Upon the sub-contractor presenting Millie with an invoice for services rendered in the
amount of R18,000.00, Millie indicates that she isn’t the owner of the property and that the
sub-contractor should address the invoice directly to Jack. Discuss the legal position
pertaining to these facts in full, paying particular attention to the liability of Millie and/or Jack
to make payment to the sub-contractor. (6)
7. Discuss the manner in which the principle of huur gaat voor koop offers protection to
lessees with reference to relevant case law. (8)
8. Explain the landlord’s tacit hypothec as a protection mechanism for the landlord (lessor). (8)
7. Under what circumstances will the Consumer Protection Act, 2008 apply to a contract of
lease? (3)
10. What are the implications of section 14 of the Consumer Protection Act, 2008 for a contract
of lease? (6)
11. When can a contract of lease to which the Consumer Protection Act applies be cancelled
by the lessee? By the lessor? (5)
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