Your rights as a Residential Tenant

There is a useful article on our website concerning residential leases and the rights and responsibilities of landlords and tenants governed by the Rental Housing Act, 1999 (e.g. what terms the lease must contain, the obligation on the landlord to invest your deposit in an interest-bearing account, the obligations on the parties to list any… Continue Reading

How To Identify Real Estate Fraud

How to Identify Real Estate Fraud Encountering property fraud can be one of the worst experiences in your life. Knowing how to identify these scams can help your family to avoid unnecessary loss and litigation. Although there are many different scams, the most common scams involve fake realtors using real listings to make themselves appear… Continue Reading

Does a municipality need a court order prior to terminating electricity to premises?

Anva Properties CC // End Street Entertainment Enterprises CC Anva Properties (The Applicant) sought an order authorizing it to terminate the electricity supply to a unit in a building situated in Cape Town. The matter was heard in the Western Cape High Court in April 2015. The Applicant is the owner of the building and… Continue Reading

Sectional Title Owners – Who is responsible for Excess Payments on Insurance Claims?

Owners in sectional title schemes believe – incorrectly – that because the body corporate insures the common property it must pay any insurance excesses (e.g. for a burst geyser)). In fact, the Sectional Title Act provides that the owner in a sectional title scheme is responsible for all excess payments on insurance claims – unless… Continue Reading

Can new owners be held liable for historic municipal debt on their property?

  In the case of Jordaan v Tshwane municipality, the Constitutional court handed down a judgment on 29 August 2017, dealing with the constitutional validity of S118(3) of the Local Government Municipal Systems Act, which provided that “an amount due for municipal service fees, surcharges on fees, property rates and other municipal taxes, levies and… Continue Reading

The Two Body Corporate Funds

Sectional Title – the need to keep two separate body corporate funds Bodies Corporate must now keep 2 funds, a ‘reserve’ and an ‘administrative’ fund. This is prescribed by the Sectional Titles Schemes Management Act 8 of 2011 [“the STSMA”) and the Prescribed Management Rules [“PMRs”] contained in Annexure 1 to the Regulations. 1.Reserve fund… Continue Reading

Unlawfully evicted?

Because the landlord has evicted you without first getting a court order, you need to bring what is called a “spoliation” application to be allowed back onto the leased premises. As you clearly don’t have funds for a lawyer, you can approach your local Magistrates’ court. I know that the Randburg Magistrate’s court offers the… Continue Reading

South African Law Blogs

South African Law Blogs
Copyright © 2021 Bregman Moodley Attorneys | Designed By Right Click Media | Privacy Policy | Tel: +27 (0)11 646-0335 | E-mail:
COVID-19 Update