The recognition and protection of the interest of landlords within the framework of the rental housing act 50 of 1999
- Authors: Klos, Tamara Amy
- Date: 2010
- Subjects: Landlord and tenant -- South Africa , Rent -- South Africa , Rental housing -- South Africa , Rental housing -- Law and legislation -- South Africa , Landlords -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10221 , http://hdl.handle.net/10948/1171 , Landlord and tenant -- South Africa , Rent -- South Africa , Rental housing -- South Africa , Rental housing -- Law and legislation -- South Africa , Landlords -- South Africa
- Description: This dissertation analyses the South African Rental Housing Act 50 of 1999 ("the RHA") with the aim of determining whether the RHA sufficiently protects the landlords‘ rights and interests as opposed to those of tenants (which it does indeed safeguard). Due to the current saturation of rental property in South Africa, landlords are no longer in an advantageous a position as before. In fact, the RHA was introduced to redress the imbalance caused by discrimination against tenants. However, times have changed. The researcher submits that the RHA needs to be re-examined in light perception of the landlord as a consumer. Having regard to both common and foreign law, the researcher identified the following four fundamental legal and practical rights on the part of the landlord: the right to freely contract; the right to safeguard financial interests; the right to safeguard proprietary interests; and the right to evict a defaulting tenant. The research reveals that the RHA does not give adequate recognition to these fundamental legal rights, and accordingly does not sufficiently protect the landlord as a consumer. In total nineteen recommendations how the RHA can adequately recognize and protect the landlord‘s interests are made.
- Full Text:
- Date Issued: 2010
- Authors: Klos, Tamara Amy
- Date: 2010
- Subjects: Landlord and tenant -- South Africa , Rent -- South Africa , Rental housing -- South Africa , Rental housing -- Law and legislation -- South Africa , Landlords -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10221 , http://hdl.handle.net/10948/1171 , Landlord and tenant -- South Africa , Rent -- South Africa , Rental housing -- South Africa , Rental housing -- Law and legislation -- South Africa , Landlords -- South Africa
- Description: This dissertation analyses the South African Rental Housing Act 50 of 1999 ("the RHA") with the aim of determining whether the RHA sufficiently protects the landlords‘ rights and interests as opposed to those of tenants (which it does indeed safeguard). Due to the current saturation of rental property in South Africa, landlords are no longer in an advantageous a position as before. In fact, the RHA was introduced to redress the imbalance caused by discrimination against tenants. However, times have changed. The researcher submits that the RHA needs to be re-examined in light perception of the landlord as a consumer. Having regard to both common and foreign law, the researcher identified the following four fundamental legal and practical rights on the part of the landlord: the right to freely contract; the right to safeguard financial interests; the right to safeguard proprietary interests; and the right to evict a defaulting tenant. The research reveals that the RHA does not give adequate recognition to these fundamental legal rights, and accordingly does not sufficiently protect the landlord as a consumer. In total nineteen recommendations how the RHA can adequately recognize and protect the landlord‘s interests are made.
- Full Text:
- Date Issued: 2010
A critical analysis of the influence of the "Prevention of the illegal eviction from and unlawful occupation of Land Act 19 of 1998" on investment in residential income-producing property
- Authors: Botha, Brink
- Date: 2004
- Subjects: Rental housing -- Law and legislation -- South Africa , Eviction -- Law and legislation -- South Africa , Occupancy (Law) -- South Africa , Real estate investment -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:11005 , http://hdl.handle.net/10948/321 , Rental housing -- Law and legislation -- South Africa , Eviction -- Law and legislation -- South Africa , Occupancy (Law) -- South Africa , Real estate investment -- Law and legislation -- South Africa
- Description: This research will focus on the influence of legislation (as indicated in this research) on the investment decision in residential income-producing property. Assumptions, as recorded in the hypothesis of this study, indicate that the legislation had a changing influence on the investment decision in residential income-producing property in comparison to the time period prior to the promulgation of the legislation. The research methodology will be based on a comparative analysis of the current legislation and the proposed Draft Amendment Bill. This analysis will be tested by means of a case study analysis incorporating a phenomenological study based on written data. The problems, sub-problems and hypothesis will be addressed and tested in this research in conjunction with the prescribed research methodology. This research is concluded by means of a synopsis and recommendations.
- Full Text:
- Date Issued: 2004
- Authors: Botha, Brink
- Date: 2004
- Subjects: Rental housing -- Law and legislation -- South Africa , Eviction -- Law and legislation -- South Africa , Occupancy (Law) -- South Africa , Real estate investment -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:11005 , http://hdl.handle.net/10948/321 , Rental housing -- Law and legislation -- South Africa , Eviction -- Law and legislation -- South Africa , Occupancy (Law) -- South Africa , Real estate investment -- Law and legislation -- South Africa
- Description: This research will focus on the influence of legislation (as indicated in this research) on the investment decision in residential income-producing property. Assumptions, as recorded in the hypothesis of this study, indicate that the legislation had a changing influence on the investment decision in residential income-producing property in comparison to the time period prior to the promulgation of the legislation. The research methodology will be based on a comparative analysis of the current legislation and the proposed Draft Amendment Bill. This analysis will be tested by means of a case study analysis incorporating a phenomenological study based on written data. The problems, sub-problems and hypothesis will be addressed and tested in this research in conjunction with the prescribed research methodology. This research is concluded by means of a synopsis and recommendations.
- Full Text:
- Date Issued: 2004
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