Summary The South African Law of Lease (An introduction)

THE SOUTH AFRICAN LAW OF SALE AND
LEASE (INRODUCTION) LPL4801

LEASE CONTRACT DEFINED.

A contract of sale lease is a corresponding agreement between two
parties, being a lessor on the one side and a lessee on the other. In this
agreement, the lessor undertakes to render to the lessee temporary use
and enjoyment of a thing in return of payment of rent by the lessee.



REQUIREMENTS FOR A VALID CONTRACT IN GENERAL.

 There must be consensus at all relevant times;
 The parties to the agreement must be capable in law to contract ;
 The necessary prescribed formalities need to be complied with;
 The obligations created by the contract must be possible of
performance;
 The agreement must be legal at all times; and
 The contract must be determined or determinable.



ELEMENTS OF A LEASE CONTRACT.

For a contact of lease to be valid, the elements listed below must be
satisfied:

 The lessor must deliver a thing or property to the lessee and the
lessee must receive same for temporary use and enjoyment.
 There must be a thing/property to let