CONTINUATION OF SU 3

Question 1

TERMINATION OF A LEASE:

Answer 1

1. Effluxion of time
2. By notice
3. Death
4. Insolvency (of the lessor and lessee)
5. Dissolution of partnerships

Question 2

RENEWAL OF LEASE AND “RELOCATION”:

Answer 2

1. By agreement
   -if the parties decide to renew the lease agreement in respect the same property this is called relocation
2. by operation of law

Question 3

WHAT IS A SUB-LEASE?
(definition the same as a lease of things):

Answer 3

is a reciprocal agreement in terms of which one party, the sub-lessor, undertakes to confer upon another party, the sub-lessee, the temporary use and enjoyment of a particular thing in exchange for counter-performance.

Question 4

CESSION:

Answer 4

is where a lessee transfers her rights against the lessor to a third party.

Question 5

DUTIES OF THE LESSOR:

Answer 5

1. delivery of the leased property
2. maintenance of the leased property
3. ensuring the lessee’s undisturbed use and enjoyment of the leased property
4. compensation for attachments and improvements

Question 6

REMEDIES OF THE LESSEE:

Answer 6

1. Specific performance
2. Rescission
3. Damages
4. Reduction of rent
5. Lessee herself undertakes repairs.

Question 7

RULE HUUR GAAT VOOR KOOP:

Answer 7

means that the lease takes precedence over sale.
-applicable to also donations and bequests.

Question 8

The Placaten of 168:

Answer 8

only applicable to rural lands.

Question 9

DUTIES OF THE LESSEE:

Answer 9

1. payment of the rent
2. proper use of the leased property.
3. return of the property on termination of the lease.