Justin graduated from Stellenbosch University with a BCom Law in 2009 and an LLB in 2011. His specialisations include Commercial Litigation; Alternate Dispute Resolution; Construction Disputes; Property Related Litigation; Collections. Magistrates’ Court, High Court and Appeal Court Litigation. Property related litigation, including title deed restriction disputes, sale and lease related disputes, alternate dispute resolution (Consumer Protection Act and Rental Housing Act), evictions. Collections, including banking law and bridging finance. Commercial litigation, including National Credit Act, Housing Consumers Protection Measures Act, Customs and Excise Act, insolvency and contractual disputes. Construction disputes, including litigating on behalf of contractors and employers arising out of the JBCC Building Agreements and bespoke construction law agreements. Justin has published various articles and both published on LexisNexis Property Law Digest: Rouwkoop – a common misconception, LexisNexis Property Law Digest Vol 22 Part 1 March 2018 and The effect on the CPA on cancelling a residential lease, LexisNexis Property Law Digest Vol 22 Part 2 June 2018.

Thought of the Week | The Tenant’s Deposit

WHILST PAYMENT OF A DEPOSIT IS NOT A VALIDITY REQUIREMENT, CERTAIN RULES APPLY IF A DEPOSIT IS AGREED UPON IN A LEASE

In lease agreements relating to residential property, the landlord is obliged by the Rental Housing Act to place the amount received as a lease deposit in an interest-bearing account held with a financial institution. The interest rate applicable to this account may not be less than the rate applicable to a savings account at a financial institution. The tenant may request a statement of the interest earned on the money at any time during the tenancy.

If the deposit is paid to the account of a registered estate agent on behalf of the landlord, it must similarly be invested; the deposit and any interest thereon is then dealt with in accordance with the provisions of the Estate Agency Affairs Act.