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A complex legal matter can be financially devastating.

Our Benefits

A Landlord’s Lawyer policy entitles the Landlord to legal advice, litigation and representation nationwide in respect of the following matters:

 

Legal Advice

We provide legal advice on all rental matters covered under our policy.

Litigation & Legal Representation

We assist with litigation and legal representation in the High and Magistrate’s Courts, the Rental Housing Tribunal and other applicable Forums nationwide.

Powerful and Comprehensive Legal Expense Cover

A Landlord’s Lawyer policy entitles you, the Landlord to legal advice, litigation and representation nationwide in respect of the following rental matters:

1. General Civil Law and Legal Matters:

1.1.       The Rental Housing Act, 50 of 1999.
1.2.       The Rental Housing Act Regulations.
1.3.       The Common Law.
1.4.       Lease agreements – limited to advice, interpretation and drafting of lease agreements.
1.5.       Breach of lease – limited to the matters listed in this schedule
1.6.       Deposits and matters relating thereto.
1.7.       Spoliation.
1.8.       Interdicts.
1.9.       Evictions.
1.10.    Appeals in respect of eviction proceedings.
1.11.    Maintenance.
1.12.    Urgent Applications.
1.13.    Unfair Practices.
1.14.    Unlawful subletting.
1.15.    Pre-Occupation Inspections.
1.16.    Failure to attend pre-occupation inspections.
1.17.    Defects listed during pre-occupation inspection.
1.18.    Termination Inspections.
1.19.    General inspections by the You.
1.20.    Damages by the tenant to the property and the dwelling.
1.21.    Access to the property by You to Property during the existence of the lease.
1.22.    Non-payments of the water and electricity account by the tenant.
1.23.    Search of leased property by the You.
1.24.    Vacating of the property before expiration of the lease.
1.25.    Termination of the lease by You or the Tenant.
1.26.    Forced entry of the property by You and obstruction of entry.
1.27.    Repossession of the leased property.
1.28.    Reconstruction and refurbishment work to the leased property.
1.29.    Vacating of the property for repairs, conversions, and refurbishments.
1.30.    Demolitions and conversions of the leased dwelling.
1.31.    Cancellation of the lease and repossession where the dwelling is uninhabitable.
1.32.    Seizure of a Tenant’s possessions.
1.33.    Changing of locks/keys or doors of the leased dwelling.
1.34.    Claim for compensation instituted by a Tenant.
1.35.    Tenant activities.
1.36.    Tenant committees.
1.37.    Nuisances.
1.38.    Overcrowding and health matters.
1.39.    Agreements with letting agencies.
1.40.    Insurance Problems.
1.41.    Damages that You cannot claim for from the Insurance.
1.42.    Problems with service providers contracted by You.
1.43.    CSOS (Community Schemes Ombud Service Act) related matters.
1.44.    Compliance with House Rules.
1.45.    Matters referred to the Tribunal by the Magistrate’s Court in terms of section 13 (11) of the Rental Housing Act.
1.46.    Problems regarding the provision of services agreed to in the lease agreement.
1.47.    Privacy of a tenant and application of the POPI (Protection of Personal Information) Act.

2. Specific Tenant Activities:

2.1. More than the maximum number of persons occupying the dwelling.
2.2. Intimidation, discrimination, or retaliation against You for exercising any right under the Act, the Regulations, or any other Law.
2.3. Engage in oppressive or unreasonable conduct.
2.4. Failure to comply with the Tribunal complaint procedures.
2.5. Failure to comply with any agreement with the Tribunal.
2.6. Failure to comply with any agreement with You through the Tribunal’s complaint procedures.
2.7. Conduct or activities which unreasonably interferes with or limits Your rights.
2.8. Conduct or activities which are expressly prohibited under the lease, the Act, the Regulations, or any other Law.
2.9. Cause or permit any nuisance upon the dwelling and neighbouring properties.
2.10. Induce any person to withdraw from proceedings before the Tribunal.
2.11. Disturbance of the peace of the area by the tenant.
2.12. Refusal to accept any notice lawfully presented or sent by You.

3. Rental Housing Tribunal Proceedings:

3.1. General Tribunal activities relating to Unfair Practices:
3.1.1. Completion and Lodgement of written complaint with the Tribunal concerning and alleged unfair practice.
3.1.2. Drafting of written withdrawal of a complaint to the Tribunal.
3.1.3. Enquiries in respect of the compliance with its responsibilities by the Tribunal in terms of the Rental Housing Act.
3.1.4. Preliminary investigations by the Tribunal regarding an alleged unfair practice.
3.1.5. Summons to appear before the Tribunal.
3.1.6. Referral of a rental complaint to a competent body or local authority for investigation.
3.1.7. Review applications where the Tribunal has rejected complaints based or lack of jurisdiction by the Tribunal.
3.1.8. Cost orders by the Tribunal.
3.1.9. Review of the Tribunal ruling in the High Court.
3.1.10. Activities of the Tribunal Staff.

3.2. Mediation Process – where the Tribunal has ordered mediation:
3.2.1. Advice on the mediation process.
3.2.2. Problems regarding appointment of the mediator.
3.2.3. Advice and guidance through the mediation process.
3.2.4. Landlord’s Lawyer will assist in ensuring that the prescribed process is followed in mediation proceeding.
3.2.5. Advice and guidance regarding the procedure applicable to the mediation process.
3.2.6. Guidance to You in respect of a possible agreement reached by You and the Tenant.
3.2.7. Enforceability if the mediation agreement is converted into a Ruling by the Tribunal.

3.3. Tribunal Hearings
3.3.1. Hearings in respect of matters that may constitute an unfair practice:
3.3.2. Advice and Assistance in respect of the hearing process.
3.3.3. Examination of the Tribunal hearing file.
3.3.4. Written response thereto.
3.3.5. Presentation of Your case.
3.3.6. Lodgement of a counter claim by You.
3.3.7. Procedure to be followed by the Tribunal.
3.3.8. Effect of Tribunal rulings.
3.3.9. Contravention of Tribunal rulings.
3.3.10. Appeals against Tribunal Rulings.

4. Assistance in Criminal Prosecution:

4.1. Criminal charges laid by the Tenant.
4.2. Transgressions of the Rental Housing Act and Regulations.
4.3. Non-compliance with Tribunal Rulings.
4.4. Failure to comply with Tribunal complaints procedures.
4.5. Where the Tribunal refers a rental matter to a Magistrate’s Court.

5. Labour matters in respect of employees who work for You on the Leased Property:

5.1. Warning letters.
5.2. Drafting of charge sheet.
5.3. Grievances at workplace.
5.4. Retrenchment process.
5.5. Maternity / Paternity leave issues.
5.6. Internal Appeals.
5.7. Mediation.

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