[Section 4B heading substituted by section 20 of Notice No. 876, GG 38184, dated 5 November 2014]
| (a) |
may not exceed an amount equivalent to an amount specified in the lease or otherwise agreed upon between the parties; |
| (b) |
must be invested by the landowner in an interest-bearing account with a financial institution: Provided that the rate applicable to such account may not be less than the rate applicable to a savings account with that financial institution; |
| (c) |
must, subject to subsections (3) or (6), be repaid to the tenant together with any interest accrued to such account on the expiration of the lease; and |
| (d) |
shall, together with any interest accrued to it, not form part of the assets of the insolvent or deceased estate of the landowner in the event of the insolvency or death of the landowner. |
| (2) |
Upon request from the tenant during the period of the lease, the landowner must provide him or her with written proof in respect of interest accrued on the deposit referred to in subsection (1): Provided that where the landowner is a registered estate agent as provided for in the Estate Agency Affairs Act, 1976 (Act No. 112 of 1976), the deposit and any interest thereon shall be dealt with in accordance with the provisions of that Act. |
| (3) |
On the expiration of the lease, the landowner— |
| (a) |
must, where no amounts are due and owing to the landowner in terms of the lease, refund the deposit together with the accrued interest in respect thereof, to the tenant, without any deduction or set-off, within seven days of expiration of the lease; or |
| (b) |
may apply such deposit and interest towards the payment of all amounts for which the tenant is liable under the said lease, including the reasonable cost of repairing damage to the dwelling during the lease period and the cost of replacing lost keys, if any, and the balance of the deposit and interest, if any, must then be refunded by the landowner to the tenant not later than 14 days of restoration of the dwelling to the landowner; and |
| (c) |
must make available to the tenant for inspection the relevant receipts which indicate the costs which the landowner incurred as contemplated in paragraph (b). |
| (4) |
The tenant and the landowner must jointly, before the tenant moves into the dwelling, inspect the dwelling to ascertain the existence of any defects or damage, with a view to determining the landowner’s responsibility for rectifying any defects or damage or with a view to registering any such defects or damage. |
| (5) |
At the expiration of the lease, the landowner must arrange a joint inspection of the dwelling at a mutually convenient time to take place within a period of three days prior to such expiration, with a view to ascertaining if there is any damage caused to the dwelling during the tenant’s occupation: Provided that— |
| (a) |
failure by the landowner to inspect the dwelling in the presence of the tenant as contemplated in this subsection, is deemed to be an acknowledgement by the landowner that the dwelling is in a good and proper state of repair and the landowner will have no further claim against the tenant; or |
| (b) |
should the tenant fail to respond to the landowner’s request for an inspection as contemplated in this subsection, the landowner must, within seven days from the expiration of the lease, inspect the dwelling in order to assess any damages or loss which occurred during the tenancy. |
| (6) |
The landowner, in the circumstances contemplated in— |
| (a) |
subsection (5)(a), must refund the full deposit plus interest to the tenant; |
| (b) |
subsection (5)(b), without detracting from any other right or remedy— |
| (i) |
may deduct from the tenant’s deposit the reasonable cost of repairing damage to the dwelling and the cost of replacing lost keys, if any; |
| (ii) |
must refund the balance of the deposit and interest, if any, after deduction of the amounts contemplated in subparagraph (i), to the tenant not later than 21 days after expiration of the lease; and |
| (iii) |
must make available the relevant receipts which indicate the costs which the landowner incurred, as contemplated in subparagraph (i), to the tenant for inspection. |
| (7) |
Should the tenant vacate the dwelling before expiration of the lease, without notice to the landowner, the lease is deemed to have expired on the date that the landowner established that the tenant had vacated the dwelling, in such event the landowner retains all his or her rights arising from the tenant’s breach of the lease. |
| (8) |
A landowner may inspect the dwelling during the course of the lease, but in doing so must respect the tenant’s right to privacy during the lease period and may only exercise his or her right of inspection in a reasonable manner after giving reasonable notice to the tenant. |
| (9) |
Landowners’ rights against tenants include his or her right to— |
| (a) |
prompt and regular payment of rental or any charges that may be payable in terms of a lease; |
| (b) |
recover unpaid rental or any other amount that is due and payable where the tenant fails or refuses to make payment on demand, after obtaining a ruling by the Tribunal or an order of a court of law; |
| (c) |
terminate the lease in respect of a dwelling or rental housing property on grounds that do not constitute an unfair practice and are specified in the lease; |
| (d) |
on termination of the lease— |
| (i) |
have the tenant vacate the dwelling or rental housing property immediately upon expiration of the lease and to receive such dwelling or rental housing property in a good state of repair, except for fair wear and tear; and |
| (ii) |
where the tenant fails or refuses to vacate the dwelling, evict the tenant from such dwelling or rental housing property after having obtained an order of court in accordance with the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (Act No. 19 of 1998); and |
| (e) |
claim compensation for damage to the dwelling or rental housing property and damage to any other improvements on the land on which the dwelling is situated, if any, caused by the tenant, a member of the tenant’s household or a visitor of the tenant. |
| (11) |
A landowner must provide a tenant with a dwelling that is in a habitable condition, as well as maintain the existing structure of the dwelling and where possible facilitate the provision of basic services to the dwelling. |
[Section 4B inserted by section 7 and substituted by section 20 of Notice No. 876, GG 38184, dated 5 November 2014]
Statistics Act, 1999
