By Sayed Iqbal Mohamed
The RHA defines “House Rules” as the rules in relation to the control, management, administration, use and enjoyment of the rental housing property. A copy of the house rules applicable to the leased dwelling (i.e. the management and conduct rules) must therefore be attached as an annexure to the lease. Nothing prevents a landlord from including the house rules as a part of the actual lease document.
In addition to this, the landlord could insert a clause that the tenant will be responsible for the payment of any penalty the landlord may incur as a result of the tenant’s violation of the house rules. The RHA extends the common law obligations to the tenant’s household members and visitors regarding damage to the leased dwelling. It is a pity that the ‘extended’ liability is confined to the dwelling only.
Owners who rent out their units must take the responsibility of customising their leases to protect the rights of other sectional owners. They must also act promptly when there is a violation by the tenant, members of the tenant’s household and visitors.
Sayed Iqbal Mohamed is the chairperson; director of projects: Organisation of Civic Rights and is the course instructor of the University of Cape Town Residential Letting short course.
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