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1.1.2 Letting and hiring. Time left Show Only the letting and hiring of things will be discussed, with specific emphasis on the letting and hiring
1.1.2 Letting and hiring. Time left Show Only the letting and hiring of things will be discussed, with specific emphasis on the letting and hiring of immovables. Until I August 2000, agreements about the lease of property were governed mainly by the common law in South Africa. Until the introduction of the Rental Housing Act 50 of 1999, the rent that could be charged in respect of certain lease agreements was limited by the Rent Control Act 80 of 1976. The Rent Control Act did not only place a restriction on the quantum of the rent that could be charged but also limited the grounds on which lessees could be evicted. As the Rent Control Act was repealed by the Rental Housing Act, the Rent Control Act will not be discussed further. The Rental Housing Act (as amended by the Rental Housing Amendment Act 43 of 2007) places a restriction neither on the quantum of rent that may be charged nor on the grounds on which lessees may be evicted. The Consumer Protection Act 68 of 2008 may, however, impact on these aspects of the relationship between a lessor/landlord and his lessee/tenant. It is noteworthy that the Rental Housing Amendment Act 35 of 2014 was published in the GG on 5 November 2014. Since I August 2000, the relationship between lessors and lessees in respect of lease contracts entered for housing purposes has been governed by the Rental Housing Act 50 of 1999. The aim of the Rental Housing Act is clear from its long title, which provides as follows: To define the responsibility of Government in respect of rental housing property, to create mechanisms to promote the provision of rental housing property; to promote access to adequate housing through creating mechanisms to ensure the proper functioning of the rental housing market; to make provision for the establishment of Rental Housing Tribunals; to define the functions, powers and duties of such Tribunals; to lay down general principles governing conflict resolution in the rental housing sector, to provide for the facilitation of sound relations between tenants and landlords and for this purpose to lay down general requirements relating to leases; to repeal the Rent Control Act, 1976; and to provide for matters connected therewith. Choose the most correct answer, from A-E below. (5 MARKS) A. The Rental Housing Act (as amended by the Rental Housing Amendment Act 43 of 2007) places a restriction on the quantum of rent that may be charged or the grounds on which lessees may be evicted. B. A contract of letting and hiring must confer upon the lessee the power to use and enjoy the object that is to be let. C. In the contract of lease the rent may not be a specified sum of money. D. Ordinary rules apply only to the lease of moveable's and not immoveable. E. The aim of the Rental Housing Act is clear from its long title, which provides for matters unrelated to the constitution.1.1 There are TWO comprehension passages (1.1.1 to 1.1.2) in this section. Read each passage carefully and choose the most correct answer from the two options given below, each passage. Choose only one answer for each question. Each correct answer is granted five marks. The SE student is not required to write the entire answer, the correct alphabet is sufficient. Read the following extract and choose the mart correct Time left Show 10 answer from the options given below. 1.1.1"Synopsis of National Credit Act Finish The National Credit Act protects credit receivers over a wide spectrum. The protection extends to natural as well as juristic persons. However, the protection is excluded in the case of juristic persons if they conclude large transactions or are large juristic persons. Credit providers must register with the National credit regulator before they may enter into credit agreements. The Regulator must police the Act and ensure compliance therewith. A National Consumer Tribunal established by the Act whose functions are, to a certain extent comparable to that of a court. The Act covers a variety of credit agreements and regulates the contents thereof. Certain provisions in credit agreements which may be to the detriment of consumers are prohibited, whereas the regulations under the Act prescribe the terms and provisions that must be included in agreements in order to disclose the details of the transaction to the consumer. The Act attempts to prevent over-indebtedness of consumers and assists them should they run into trouble. Credit providers are obliged to evaluate a prospective debtor's credit worthiness before credit is extended. In addition to this, a debtor who becomes over committed may apply for a debt review and a rescheduling of his debts to enable him to pay them over an extended period. Credit bureaus are regulated by the Act but play an important role at the same time by providing credit providers with information on consumers to enable them to consider the consumers ability to repay the credit applied for". (Nagel et al,2018, p292) Choose the most correct answer, from A-E below. (5 MARKS) A. Credit transactions pertaining to a large transaction or are large juristic persons refers to the Consumer Protection Act only. Any reference by others acts renders the act unenforceable. B. According to Nagel et al "The Act covers a variety of credit agreements and regulates the contents thereof", this means that only big corporations such as the banks and the state may include terms in their agreement that can limit or circumvent the provisions of this act. C. According to Nagel et al, in the passage above, "The Act attempts to prevent over-indebtedness of consumers and assists them should they run into trouble". As result of this clause in the Consumer Protection Act, a consumer may not apply for debt revies for a debt above R60 000.00. D. A credit bureau may release personal information about a client without written permission from the data subject. E. A credit bureau provides certain information on consumers to enable credit providers to make informed decisions on the ability of the consumer to repay the debt
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