A long, non-registered rental agreement applies to the new owner of the property on the basis of the teaching of prior knowledge, i.e. if he is aware of the lease agreement. The lease agreement may be concluded orally, explicitly or implicitly. The provisions of the RHA, particularly with respect to “housing,” must be taken into account, as this involves a cottage. If the tenant requires that the contract be reduced to the letter, the landlord has no choice in this case and must comply with it. A rental agreement in which the tenant pays rent that does not involve fees, fees or interest and in which the property always remains in the hands of the owner is not subject to the NCA. A contract in which a tenant leases a property permanently is not a lease; It`s a different kind of contract. New leases, which are not explicit or tacit, can also be concluded between the same parties. Pothier explains that a permanent lease “crosses borders to another contract, namely emphyteusis.” With respect to housing law, if you have a lease that exceeds 24 months, look at the areas of the Consumer Protection Act, which states that if your tenant is a natural person, you must be able to demonstrate a demonstrable financial benefit. With regard to the rental of personal property, the formalities introduced by the NCA, including the formal provisions relating to the publicity of preliminary contracts, the free provision of the relevant documents, the compliance with the clear requirements, the provisions relating to illegal agreements and the illegal provisions of a contract and the right of the consumer to cool down, must be respected.  Other important legislation concerns the cancellation and termination of credit contracts.
 If the ownership of the leased land is not due to the owner, the owner must obtain the owner`s consent before the lease can be registered against the property. Short, oral or written leases are effective against all others if the taker or any other company is employed under or through the latter. Short leases are leases of less than ten years. For the sake of completeness, it should be noted that a tenant of land in the possession of the lessor has the right to register a long lease and may compel the lessor to provide any assistance necessary for registration. The rules regarding the effectiveness of long leases against persons other than the parties differ depending on the date of entry into the lease. Three periods must be distinguished. Registration requirements are also mentioned in Section 25, paragraph 2, point a) of the Mineral and Petroleum Development Act, which provides for the registration of mining rights to the Mining Titles Office. Within the meaning of Section 11 (4) of the Act, transfers, assignments, leases, subletting, disposals and mortgages, or their exemptions, must also be registered. In the end, the obligation for the lessor to make a contract available to the tenant is one of the natural elements of the tenancy agreement and, unless the contract is expressly excluded, an ex-laying period of all leases.
There is no question that profitability is included in commercial leases. A proper review of all contractual terms, Hawthorne asserts, would have led Malan J to the same conclusion as Botha JA in sishen.