The ABCs of lease agreements in South Africa
Navigating the world of lease agreements can be complex and fraught with potential pitfalls. In South Africa, these agreements are an essential tool for establishing clear expectations and protecting the interests of both landlords and tenants. Whether you’re a seasoned property manager, a first-time landlord, or a prospective tenant, understanding the nuances of these contracts […]
Navigating the amendments to the Trust Property Control Act: Beneficial ownerships in South Africa
The Trust Property Control Act, a key piece of legislation governing South Africa’s trusts, recently underwent a substantial transformation with the passage of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act. This regulatory overhaul was aimed at strengthening the country’s trust governance, a direct response to its greylisting status, and has significant […]
Responsibility to maintain and repair foundations and boundary walls in a Sectional Title Scheme
This article will briefly consider the definitions of common property vis-à-vis sections in terms of the Sectional Titles Schemes Management Act 8 of 2011 in order to establish who must maintain what in sectional title scheme developments. Many residential developments in South Africa are established in terms of South Africa’s sectional title scheme legislation. Residents […]
Domicilium citandi et executandi in South African Law
How is it possible that someone can obtain judgment against me, without my knowledge of any summons issued against me or a court date to state my side of the story? Well, in our law this could happen if you agreed to a domicilium address without notifying other parties about a change therein when you […]
Ensure a Transfer Duty with No Surprises Part 3
I have recently been inundated by elderly parents wishing to transfer their immovable property to their children before they pass away. I reminded the parents that if the children are not liable to pay for the property, the transaction may be deemed to be a donation by the South African Revenue Services (SARS), and they […]
Compliance certificates required when selling a property
There is a duty on the Seller when selling an immovable property to provide certain certificates of compliance to the Purchaser. There are five compliance certificates that the Seller is required to obtain at his/her own cost before the transfer of the property takes place. The following are the necessary certificates: Electrical Compliance Certificate The […]
When your tenant ‘does a duck’
Tips for landlords when their tenant does a disappearing act Everyone who has let out property knows that sickening feeling when you find out that your tenant has disappeared. Most of the time there are signs—usually unpaid or late paid rental. Some tenants plan to go without paying, while others just cannot pay. What should […]
Softening the rate hike blow
Ways to reduce your monthly home loan repayments and other costs. Cost-cutting is on many people’s minds, as prices rise, and affordability becomes stretched. While potential homeowners continue to benefit from attractive interest rates due to heightened competition between the banks, what are the cost-saving options available to existing homeowners? The reality is that the […]
Understanding Magistrates Court Act’s Section 45 on Consent to Jurisdiction
“I want to conclude a repayment agreement with a debtor for an amount which exceeds the magisterial jurisdictional amount of R400 000,00. I, however, do not want to abandon any part of my claim and would rather opt to insert a clause in the agreement where the debtor and myself consent to the jurisdiction of […]
Will solar power increase the value of your home?
The upfront investment is high, which you’ll want to recover when you sell. Stage 6 loadshedding is now firmly in effect, many South Africans are without power for up to 12 hours each day, and the threat of Stage 8 blackouts looms large on the horizon. It’s no wonder then that many households are turning […]