In our last newsletter series we looked at the sectional title roleplayers.
In this new 2 part newsletter, we will look at tenants and who is responsible for the tenants behaviour.
"I sold my house this week. I got a pretty good price for it, but it made my landlord mad as hell." - Garry Shandling
The relationship between a landlord and a tenant is a contractual one stemming from the lease agreement.
Section 10(4) of the STSMA confirms that the management and conduct rules "bind the body corporate and the owners of the sections and any person occupying a section".
But who ultimately bears the responsibility for the tenant's behaviour?
We find the answer in management rule (2): "A member must take all reasonable steps to ensure compliance with the conduct rules in force in terms of section10(2)(b) of the Act by any tenant or other occupant of any sections or eua's, including the members employees, guests, visitors and family members".
The rental housing Act of 1999 obligates the landlord to attach a copy of the conduct rules as an annexure to the lease (section 5(8) and 5(9)).
Often a particular scheme requires different, possibly more specific rules to suit that type of development. For example a scheme with a swimming pool will need additional rules for when, how and by whom the pool can be used.
Landlords should, before signing a lease agreement ensure that the tenant is able to comply with all the conduct rules. If the scheme has specific parking rules your tenant, irrespective of what you as the landlord say, won't be able to park his caravan, trailer or boat on the common property parking area.
In the next newsletter we will look at frequently asked questions relating to tenants.
Article courtesy of Marina Constas and Karen Bleijs Demystifying Sectional Title
Johannesburg | Durban | Cape Town | Bloemfontein | Port Elizabeth | Pretoria