The Consumer Protection Act establishes national norms and standards relating to consumer protection and responsible consumer behaviour. It aims to promote a fair, accessible and sustainable marketplace for consumer products and services. The Act also provides for improved standards of consumer information, and to prohibit certain unfair marketing and business practices. … [Read more...]
Search Results for: Consumer Protection Act
Housing Consumers Protection Measures Act
It provides protection for housing consumers, the obligations of builders and the functioning of the National Home Builders Regulation Council (NHBRC). … [Read more...]
How new act will impact informal property practitioners
A reader who has a small property portfolio questions whether his business will be affected by the new Property Practitioners Act. … [Read more...]
Rental agent charges fee for contract renewal
This week, a reader asks the YourProperty experts whether an agent dealing with a rental property may charge a contract fee every time the agreement with the current tenant is reviewed and renewed. Although it is unclear whether the reader is the landlord or tenant in this instance, it is most likely that she is the former. The reader does not explain the terms on which she initially … [Read more...]
Severing rental contract via SMS
This week, the Property Poser panel deals with a rental issue from a reader whose landlord sent her an SMS instructing her to vacate his property by the end of the month. She admits that, since her husband has been retrenched, they have been in arrears with the rental. The couple had offered to repay the amount in instalments or set up a debit order, but received no response. The reader … [Read more...]
Can landlord retain deposit if new tenant backs out of lease?
A reader who changed her mind about renting a property after paying the deposit wants to know if the landlord can legally retain the deposit until another tenant is found. … [Read more...]
Cancelling a lease early due to security concerns
After her family suffered a terrible ordeal during a break-in, a reader wants to know what her options are of moving out, even though they have another year to run on their lease. … [Read more...]
Providing surety on a lease is risky business
A reader plans to co-sign a lease for the house in which her mother will be living, but she is concerned about the risks involved if particular conditions are not written into the agreement. … [Read more...]
Damp in rental property: who is responsible?
A reader is desperate to get her landlord to carry out maintenance work in her damp townhouse and is asking the experts if withholding rental payments could give her some leverage. … [Read more...]
Lease period
The lease period refers to the duration of a rental agreement. The agreement could be valid for a fixed period of time, such as a year or on a month-to-month basis, or for an undetermined period. According to the Consumer Protection Act, the maximum duration of a lease agreement should be 24 months. The agreement should also state the notice period required for the termination of the lease, … [Read more...]
Sole mandate and commission on property sale
A reader has asked the YourProperty experts to resolve an issue involving a lapsed sole mandate and the payment of agent's commission on the sale of her property. When the reader decided to sell her dwelling, she contacted an estate agent who proceeded to take the usual steps in advertising and showing the house. She explains that the agent was contracted, under a sole mandate, for a fixed … [Read more...]
How can I use plain-language principles in my HOA NPC?
Dear Landlord, Could you please provide some examples of how we can implement the following principles in our sectional title complex, and how my parents can ask that these principles be used in their homeowners' association non-profit company (HOA NPC). An article in your newsletter or on the website on how to implement sustainable plain-language in an NPC might help many sectional title … [Read more...]
Must-do tasks for HOA NPC directors
Every organisation that offers a service agreement must comply with the Consumer Protection Act (CPA). Please understand the difference between a company that provides a service and a body corporate that runs in terms of an act of parliament (i.e. the Sectional Titles Act). The body corporate does not sign an agreement with the owner. The owner automatically becomes part of the body … [Read more...]
What are some must-do tasks for HOA NPC directors?
Hello Landlord, I hope you can help me by providing the following information in South African terms. I am specifically interested in the Homeowners' Association NPC, but I suppose the moral and ethical issues are the same for HOA NPC and for sectional title. I would like to endorse the following for the running of an HOA NPC and would appreciate your comments. In the USA there are also … [Read more...]
What are the duties of a managing agent?
Hello Landlord, Could you please provide an update on the duties of the managing agent, taking into account the King III principles for non-profit organisations, the Consumer Protection Act and the Promotion of Access to Information Act. Specifically, could you also explain the role that the managing agent should play in advising trustees. Kind regards, Inquisitive Reader Read what … [Read more...]
How to define a property’s boundaries
This week the experts help a reader establish clear boundaries with regard to a property she is in the process of purchasing. … [Read more...]
Occupational rental – when to pay
A reader has asked the experts for assistance regarding the payment of occupational rental on a property he has bought. … [Read more...]
How to lower the rent on a commercial property
The experts help a reader who is concerned that the rental on his commercial property is unjustifiably higher than that of a similar shop space next door. … [Read more...]