AARON AND MARY-ANNE AND THE LAW OF LEASE

According to Kopel (2017: 223) a lease is a contract between two persons, the landlord (or lessor) and

the tenant (or lessee), for the letting by the former and the hiring by the latter, of specified immovable

property, in terms of which the landlord grants the temporary use and occupation of the property to the

tenant for a period of time in return for a specific sum of money (or a share in the proceeds or fruits of the

property) called the rent.

Aaron, a 53-year-old male, is the owner of several apartments situated within Greendale. Mary-Anne, a

23-year-old female has been living in an apartment owned by Aaron for the past four months. There is a

written lease agreement in place between Aaron and Mary-Anne. Mary-Anne pays a rental amount of

R3000.00 monthly. Mary-Anne also shares this apartment with seven other people. The water does not

run, the lifts do not work, and the toilet has been blocked for months. Mary-Anne has spoken to Aaron

about his duties as a lessor and has advised that she will not pay the rental amount until he fulfils his

duties as a lessor. However, Aaron has threatened to report them all to the South African Police Services

(SAPS) if they do not pay as none of the parties at the apartment are South African citizens.

Mary-Anne is upset about the current condition of the apartment and is seeking alternate employment so

she would be able to afford a better apartment with better living conditions.

(Source: Kopel, S. 2017. Guide to Business Law.6th ed. Cape Town: Oxford University Press).

QUESTION 1 (20 Marks)

As mentioned above: The water does not run, the lifts do not work, and the toilet has been blocked for

months.

With reference to the above, advise Aaron of his duties as a lessor.

QUESTION 2 (20 Marks)

According to the above: Mary-Anne pays a rental amount of R3000.00 monthly and shares this apartment

with seven other people.

Considering the above discuss the duties of the lessee and mention whether Mary-Ann is permitted to

share this apartment with seven other people.