contract of lease

The contract of lease will be deemed to include these provisions.

There are several statutes applicable to the contract of lease.

The parties may agree, however, that the contract of lease is not binding until it has been reduced to writing and signed.

The contract of lease is a bilateral juristic act: It gives rise to rights and duties between the parties.

The contract of lease may be entered into orally, expressly or impliedly.

A contract of lease of a movable is treated in the same way as an instalment agreement.

The agreement also contained no provision for the rental to be paid, another essential element of a contract of lease.

According to the common law, there is no contract of lease if there is no agreement on rent.

Another example is a contract of lease, where the obligation to pay the rent is tied in with the obligation to let the premises.

The rules of a contract of loan are also sometimes applied in terms of a contract of lease.

The modern contract of lease is therefore the Roman locatio conductio rei, the letting and hiring of a thing.

The leasee's right to commodus usus is one of the naturalia of a contract of lease.

The main source of the rules pertaining to the contract of lease is the common law, as modified by the Constitution, and the rules creating statutory naturalia.

Agreement by the parties on a certain amount of rent, orally or in writing, is the most common way in which the rent is determined in contracts of lease.

The rules of a contract of sale are sometimes applied in terms of a contract of lease, as where, for example, a third party fixes the sale or rental price.

In dealing with a contract of lease, one has to distinguish between a lease of movable property (motor vehicles and office equipment) and a lease of immovable property.

Other aspects of the contract of lease that deserve special mention are those relating to the lease of land, in particular the requirements for the registration of leases and subleases.

The court held that the argument that the memorandum of agreement had to be signed, at least by the applicant, if not by both parties, before a contract of lease came into existence, could not be upheld.

Most sources describe the contract of lease as one whereby one party (the lessor) undertakes to grant to the other (the lessee) the temporary use and enjoyment of a thing in return for the latter's undertaking to pay rent.

As noted above, in Roman law the contract of lease, known as the locatio conductio, had three forms: the locatio conductio rei, the locatio conductio operis and the locatio conductio operarum.

Ultimately, the lessor's obligation to provide the lessee with commodus usus is one of the naturalia of the contract of lease and, unless explicitly excluded in the contract, an ex lege term of all leases.

This definition has changed or departed from the common law, because in a contract of lease there has always been an expectation that, at the end of the terminal period, the goods will be returned in the same condition as they were received.

The South African law of lease is an area of the legal system in South Africa which describes the rules applicable to a contract of lease (or letting and hiring, or locatio conductio, or huur en verhuring).

The Appellate Division held that, to establish a contract of lease, the litigant must show that there was a particular thing let for a specified time and that, in return for the use of occupation of the thing, the lessee undertook to pay rent.

Eastern Cape v Contract Props, an important case in the South African law of lease, Eastern Cape entered into a contract of lease with the respondent, without complying with or without making use of procedures prescribed by the Provincial Tender Board Act.