Letters to the Lawyer
What is my right as tenant during Covid-19 regarding my arrears on my rental agreement?
A tenant is expected to pay rental and comply with the obligations in terms of the lease agreement for as long as he/she is in occupation of the leased premises, unless he/she can demonstrate that he/she was directly affected by the lockdown and accordingly does not have beneficial occupation of the leased premises.
Although, in terms of Government Gazette No: 43167 dated 26 March 2020, Landlords are not allowed evict a defaulting tenant or execute an attachment order during lockdown. The Tenant is still liable for the outstanding balance and the Landlord will be able to proceed with legal action once lockdown is lifted.
There is however no rule that a tenant will automatically be absolved from the obligation to pay rent and Landlords are still entitled to demand rental payment from residential tenants
The best option is for the tenant to enter into discussions with his/her landlord in order to resolve the matter. The tenant is also obliged to furnish the Landlord with all relevant information to enable the Landlord to consider the tenant’s request. Should this fail, the tenant may approach the Rental Housing Tribunal and request a reduction in rental. A tenant is however not automatically entitled to a reduction in rental and the Tribunal will consider each case on its merits before making an appropriate decision By: Maritza du Plessis Attorneys Tel: (012) 253 2703
What is legally required for a verbal agreement between two people?
South African law typically recognises verbal agreements. However, there are some exceptions to this. For example, an ante-nuptial agreement, as does a sale of property need to be in writing. If there is no statutory provision, oral agreements are, in theory, just as binding as written ones. There are however major problems with verbal agreements, whereby the general problem is to prove the verbal agreements existence.
This comes to the question that arises “Who is to be believed”? Then there are other mitigating factors such as providing proof and terms of the verbal agreements. Did both parties agree over the price, service, and deadline? If there is an issue with this, then it is hard to remedy these matters.
At the end of the day, having a legitimate verbal agreement in place and proving that there is a legitimate verbal agreement in place can be two entirely different things. So here is a simple solution. Wherever possible, try avoiding doing verbal business agreements. Written agreements bear the best onus of proof and legitimacy of both parties’ intentions and interests. By: Zandre Steynfaardt (BCom Law) Tel: 082 332 2569
Can you apply for maintenance in the middle of a divorce?
During a divorce, you may find that your spouse has stopped paying certain expenses sometimes out of vindictiveness. African law allows you to apply to the divorce court order for maintenance for your children, maintenance for yourself, and contribution towards your legal costs (if need be). You will file an affidavit stating your financial circumstances and why you require financial assistance, and your spouse will reply to your affidavit via his own affidavit. Thereafter the case will be argued in front of a judge who will make an interim order that will be placed as order of court until the divorce is finalised. By: Mediation Solutions Tel: (012) 940 1968