UNIVERSITY OF SOUTH AFRICA (UNISA)
College of Law
⋄
EXAM REVISION PACK
Model Answers — May/June
Module Code: LPL4801
Module Name: Law of Sale and Lease
Paper: May/June 2026 Examination
Year: 2026
Semester: First Semester
Total Marks: 100
Referencing: OSCOLA (South African Law)
Study Aid — Model Answers for Exam Preparation
University of South Africa
,UNISA | LPL4801 Law of Sale and Lease — Exam Revision
SECTION A: LEASE
Question 1 — Lessor’s Duty: Commodus Usus [10 marks]
? Question
Explain the lessor’s duty to give commodus usus. (10)
Answer
Introduction
The contract of lease imposes on the lessor three fundamental duties: delivery of the thing
let, maintenance of the thing in a proper condition throughout the lease, and the duty
to give commodus usus. This last duty goes beyond mere physical delivery. It requires
the lessor to give the lessee undisturbed, peaceful, and effective enjoyment and use of the
leased property for the full duration of the agreement.1
Nature and Scope of the Duty
Commodus usus translates roughly as “comfortable use” or “convenient enjoyment.” The
lessor is not merely obliged to hand over physical possession. The obligation extends to
ensuring that the lessee can actually use the property for the purpose for which it was
leased.2 Where the property is let for a specific purpose, the lessor impliedly warrants that
it is fit for that purpose.
The duty operates for the entire duration of the lease, not only at the time of delivery. If,
after delivery, something occurs that prevents or materially disrupts the lessee’s use and
enjoyment through no fault of the lessee, the lessor may be in breach.
What the Duty Covers
The duty to give commodus usus covers:
1. Freedom from disturbances by the lessor: The lessor may not personally interfere
with or disturb the lessee’s use of the property. Any intentional act by the lessor that
1
Snyders v Theron 1924 CPD 185; Kerr The Law of Sale and Lease (4th ed, 2014) 327.
2
Van der Merwe, Du Plessis and Temmers Contract: General Principles (4th ed, 2012) 388.
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, UNISA | LPL4801 Law of Sale and Lease — Exam Revision
prevents the lessee from enjoying the property constitutes a breach.3
2. Protection against third-party disturbances arising from the lessor’s title:
Where a third party has a right in the property that is superior to the lessee’s right,
and this disturbance flows from a defect in the lessor’s title or from something the
lessor is responsible for, the lessor is in breach.4
3. Duty to ensure the property is fit for the agreed purpose: If property is let
for residential use and turns out to be uninhabitable, or if it is let for business use and
applicable law prohibits that use, the duty is breached. In such cases, the lessor cannot
compel the lessee to pay rent for something that cannot be used.
4. Maintenance obligations: The lessor must keep the property in a condition that
allows the lessee to use it as intended. This includes carrying out necessary repairs, al-
though minor repairs may fall on the lessee depending on the agreement and custom.5
Exclusion of the Duty
The parties may agree to limit or exclude certain aspects of the lessor’s obligations, al-
though such exclusions are interpreted strictly against the lessor. Statutory provisions, par-
ticularly the Consumer Protection Act 68 of 2008 in qualifying transactions, may restrict
the extent to which such duties can be excluded in consumer lease agreements.
Remedies for Breach
Where the lessor breaches the duty of commodus usus, the lessee has several remedies avail-
able:
• A claim for a reduction in rent (huurvermindering) proportional to the degree to
which enjoyment has been curtailed;
• A claim for damages where the lessee has suffered loss;
• The right to terminate the lease in cases of serious, material breach that goes to the
root of the agreement.6
3
Rosen v Van Heerden 1946 CPD 191.
4
Murray v Nel 1922 CPD 49.
5
Kerr (n 1) 340.
6
Sapovici v Vorster 1935 TPD 144.
Page 2 of 25
College of Law
⋄
EXAM REVISION PACK
Model Answers — May/June
Module Code: LPL4801
Module Name: Law of Sale and Lease
Paper: May/June 2026 Examination
Year: 2026
Semester: First Semester
Total Marks: 100
Referencing: OSCOLA (South African Law)
Study Aid — Model Answers for Exam Preparation
University of South Africa
,UNISA | LPL4801 Law of Sale and Lease — Exam Revision
SECTION A: LEASE
Question 1 — Lessor’s Duty: Commodus Usus [10 marks]
? Question
Explain the lessor’s duty to give commodus usus. (10)
Answer
Introduction
The contract of lease imposes on the lessor three fundamental duties: delivery of the thing
let, maintenance of the thing in a proper condition throughout the lease, and the duty
to give commodus usus. This last duty goes beyond mere physical delivery. It requires
the lessor to give the lessee undisturbed, peaceful, and effective enjoyment and use of the
leased property for the full duration of the agreement.1
Nature and Scope of the Duty
Commodus usus translates roughly as “comfortable use” or “convenient enjoyment.” The
lessor is not merely obliged to hand over physical possession. The obligation extends to
ensuring that the lessee can actually use the property for the purpose for which it was
leased.2 Where the property is let for a specific purpose, the lessor impliedly warrants that
it is fit for that purpose.
The duty operates for the entire duration of the lease, not only at the time of delivery. If,
after delivery, something occurs that prevents or materially disrupts the lessee’s use and
enjoyment through no fault of the lessee, the lessor may be in breach.
What the Duty Covers
The duty to give commodus usus covers:
1. Freedom from disturbances by the lessor: The lessor may not personally interfere
with or disturb the lessee’s use of the property. Any intentional act by the lessor that
1
Snyders v Theron 1924 CPD 185; Kerr The Law of Sale and Lease (4th ed, 2014) 327.
2
Van der Merwe, Du Plessis and Temmers Contract: General Principles (4th ed, 2012) 388.
Page 1 of 25
, UNISA | LPL4801 Law of Sale and Lease — Exam Revision
prevents the lessee from enjoying the property constitutes a breach.3
2. Protection against third-party disturbances arising from the lessor’s title:
Where a third party has a right in the property that is superior to the lessee’s right,
and this disturbance flows from a defect in the lessor’s title or from something the
lessor is responsible for, the lessor is in breach.4
3. Duty to ensure the property is fit for the agreed purpose: If property is let
for residential use and turns out to be uninhabitable, or if it is let for business use and
applicable law prohibits that use, the duty is breached. In such cases, the lessor cannot
compel the lessee to pay rent for something that cannot be used.
4. Maintenance obligations: The lessor must keep the property in a condition that
allows the lessee to use it as intended. This includes carrying out necessary repairs, al-
though minor repairs may fall on the lessee depending on the agreement and custom.5
Exclusion of the Duty
The parties may agree to limit or exclude certain aspects of the lessor’s obligations, al-
though such exclusions are interpreted strictly against the lessor. Statutory provisions, par-
ticularly the Consumer Protection Act 68 of 2008 in qualifying transactions, may restrict
the extent to which such duties can be excluded in consumer lease agreements.
Remedies for Breach
Where the lessor breaches the duty of commodus usus, the lessee has several remedies avail-
able:
• A claim for a reduction in rent (huurvermindering) proportional to the degree to
which enjoyment has been curtailed;
• A claim for damages where the lessee has suffered loss;
• The right to terminate the lease in cases of serious, material breach that goes to the
root of the agreement.6
3
Rosen v Van Heerden 1946 CPD 191.
4
Murray v Nel 1922 CPD 49.
5
Kerr (n 1) 340.
6
Sapovici v Vorster 1935 TPD 144.
Page 2 of 25
