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 | Deposits for Rental Agreements

The Rental Housing Act regulates the relationship between landlords and tenants, sets out certain rules that each must comply with and provides for procedures to be followed in the event of a dispute arising.

One such provision relates to deposits. The Act permits a landlord to request a tenant to pay a deposit before taking occupation of the property. The landlord is then obliged to invest this deposit in an interest-bearing account with a financial institution. On the expiration of the lease, the landlord may apply the deposit and interest towards the payment of all amounts for which the tenant is liable under the lease, including the reasonable cost of repairing damage to the dwelling during the lease period. The balance of the deposit and interest, if any, must then be refunded to the tenant by the landlord not later than 14 days of restoration of the dwelling to the landlord.

A tenant has the right to request the landlord to provide a written receipt reflecting all payments made, as well as written proof of interest earned on the deposit.

For more information or assistance with rental agreements, contact STBB.