Daniel is an Attorney and Conveyancer practicing at our Helderberg branch. He attended Stellenbosch University where he studied BA International Studies and LLB. In 2012 he completed his Law degree in the Netherlands at the University of Amsterdam. Daniel also studied in Germany at Humboldt University of Berlin and was selected to participate in the annual conference on International Law hosted by the Hebrew University of Jerusalem, Israel. In 2013 he enrolled at the University of Cape Town to attend the School for Legal Practice. Daniel joined STBB in 2014 and was appointed as an associate in 2015. He is part of our team that attends to the opening and extension of large sectional title schemes and practices in all areas of property law and conveyancing, including retail and development transfers, drafting of contracts, servitudes, subdivisions and consolidations. Daniel also provides training to estate agencies and banks.

Thought of the Week | The Tenant’s Rights When You Sell Your House

One frequently receives queries with regard to a tenant’s position where the leased premises is sold, mostly from tenants indicating that they were simply told to vacate before transfer.

The point of departure is however that in our law, a tenant is protected by the common law ‘huur gaat voor koop’ rule. This means that the lease agreement will survive the sale, the new owner will become the landlord and the terms of the existing lease will stay in force until the lease terminates. The new owner will also be responsible to refund the deposit less any claim for damages. A lease agreement may have a specific provision to the contrary and if you anticipate that you may sell property that you are putting up for rental, consider making provision for this.

Contact STBB for assistance.