Welcome to the Legal Advice Office in South Africa

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The Legal Advice Office offers affordable Legal Advice as well as Legal and Paralegal Services throughout South Africa.

Our legal advice and services are based on 40 years of experience in the professional legal field. As a purely internet based legal consultancy business, we pride ourselves in personal, professional and efficient service at affordable rates and undertake to revert to our clients within 48 hours of their query being received by us.

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habition vs co owner

“Who’s in charge: the person with the right to live in a property or the property owner?

We sometimes get in interesting queries; something that is out of the ordinary.

Here is one such query we received a few days ago.

“What rights does a person with rights of habitation have over those who are the co-owners of a property? Where the person with habitation is also a co-owner. Two out of the five co-owners are living on the same property, while one party refuses to pay municipal bills. I will name Party one A, and Party two B. Only B is paying while A refuses to pay for anything. B does not want to lose the property for municipal debt. What law protects B in this case, where A, who doesn’t pay; can he be held accountable? I have read that one should set up an agreement, but if the agreement is written and the A then refuses to sign (hypothetical scenario), what then?”

The inconvenience for a landlord caused by an early cancellation will be annoying; but a tenant has the RIGHT to cancel a lease.

We receive many enquiries from both landlords and tenants, but mainly tenants, regarding the subject of commercial lease cancellations and early terminations of such leases.

It is not a straightforward matter and is governed by both the common law of contract and the Consumer Protection Act, No 68 of 2008.

As I have said before; you cannot just cancel a lease agreement.

It is a contract and if you want to cancel it or terminate it earlier than the expiry date; that legal process must be dealt with correctly, professionally, properly and legally.

Can I sell my property without settling the outstanding levies first?

We received this query last Thursday.

“I bought property in a security estate in Bellville in 2016 which is managed by a Homeowners Association (HOA.) The property was expensive but in my mind an investment in me and my family’s future. However, personal financial constraints have made me not only fall behind on your levies but also consider selling the property. I may even be staring insolvency in the face. Can I sell the without you settling the outstanding levies first?