The lessor's duty of maintenance

Abstract

This study is a general one which deals with the need to clarify the law with regard to the lessor’s duty of maintenance and to provide solutions to the necessary problems. This area of law is shown to be problematic through the analysis and evaluation of the development of case law. The cases used to show this development are Arnold v Viljoen, Steynberg v Kruger, Ntshiqa v Andreas Supermarket, Thompson v Scholtz, Mpange v Sithole, and Ethekwini Metropolitan Unicity Municipality v Pilco Investments among others. The common law is also considered specifically the exceptio non adimpleti contractus when dealing with the case law analysis. The cases furthermore indicate problematic aspects which need to be dealt with as well as aspects which have been dealt with insufficiently by the courts. The impact of certain legislative provisions on this area of law are also dealt with. These provisions are the Rental Housing Act (and regulations), the Consumer Protection Act as well as the amendments to the Rental Housing Act, which are not yet in force. Certain foreign legal systems are then analysed and compared to our legal system. This comparison is done to provide solutions and suggest improvements and alterations where necessary to the problematic aspects of the lessor’s duty of maintenance and to further illustrate the need for clarity in regard to this area of law.