ADVANCED RESIDENTIAL RENTAL SEMINAR. 2 November 2012

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1 ADVANCED RESIDENTIAL RENTAL SEMINAR 2 November 2012 The Professional Development Project of the Faculty of Law, UCT is pleased to present a one day seminar on residential rentals. About the course This seminar deals with landlord/tenant law on a comprehensive basis, including developing areas of the law, such as the Consumer Protection Act. We look into situations outside the run of the mill ones that arise during tenancies. Consideration is paid to dealing with often ignored lease provisions, such as those dealing with fair wear and tear, and often uncomfortable situations such as tenant deaths as well as reconstruction of leased premises. Emphasis would be placed on practical application using real life examples where complex and often ignored areas of the law were applied. This course is directed towards answering all your questions on complex and unfamiliar legal issues relating to landlord/tenant law. Does the thought of preparing and advising clients on advanced landlord-tenant issues leave you feeling unsure and overwhelmed? Or are you a well-versed estate agent looking to update yourself on recent legal developments? Either way, this is the seminar for you! At this fast-paced seminar you will learn how to work through complex problems and be prepared for any situation or complication that may arise during the lifecycle of the landlord-tenant relationship. Ensure you can confidently handle tough leasing questions and scenarios. Who should attend? Estate agents and rental agents Course presenters MARLON SHEVELEW of MARLON SHEVELEW AND ASSOCIATES is the senior attorney at this boutique law firm comprising 5 lawyers. The firm specialises in residential, commercial, retail and industrial rental property law, sectional title law, civil and commercial litigation, corporate recovery and consumer law. Mr Shevelew has more than 13 years of experience and he has litigated and successfully obtained over 3500 residential evictions countrywide for Rental agents and Landlords, as well as attending to rental collection and rental disputes for several hundred agents on a monthly basis. In 2011 Mr Shevelew was invited by the educational division of the Law Society of South Africa to educate attorneys and candidate attorneys countrywide on eviction and rental property law. In 2012 Mr Shevelew was invited to lecture on Rental property law in association with the Institute of Estate Agents (IEASA) Western Cape, which he currently does, and frequently guest lectures on behalf of the most reputable credit bureau in the country for tenant enquires - Tenant Profile Network (TPN), as one of its national legal advisors as well as conducting educational seminars for numerous companies on the Consumer 1

2 Protection Act and general Landlord Tenant law. Mr Shevelew is also a regular guest on SAfm's The Law Report discussing property law. Mr. Shevelew authored the first marketable residential and commercial lease agreements that were compliant in terms of the Consumer Protection Act. Mr. Shevelew is a member of the Law Society of South Africa and several associations including, The South African Property Owners Association (SAPOA), The Institute of Estate Agents (IEASA), The National Association of Managing Agents (NAMA), the Green Building Council (GBC), and the South African Council of Shopping Centers (SACSC) Mr. Shevelew received his BA LLB from the University of Cape Town. Entry requirements Examination requirements Award of certificate Course fee None None A certificate of attendance from UCT will be awarded to those who have 100% attendance R1800 per delegate Closing date for registration Friday, 26 October 2012 Registration and enquiries Please contact the Professional Development Project: Paula Allen on Andrea Blaauw on Fax: paula.allen@uct.ac.za / andrea.blaauw@uct.ac.za / irena.wasserfall@uct.ac.za OR visit the Law Faculty Website Physical address Professional Development Project Rm 3.20 Kramer Law Building Middle Campus, UCT Rondebosch, 7700 Postal address Professional Development Project Rm 3.20 Kramer Law Building Middle Campus, UCT Private Bag X3 Rondebosch,

3 COURSE OUTLINE By attending this seminar, you will: Understand and apply the most recent court judgments that impact the landlord-tenant relationship. Become aware of legal issues and lease terms many inexperienced attorneys, real estate professionals and business owners won't know to include Learn proven tactics for negotiating the most favourable lease terms for your clients. Explore the issues associated with early cancellations of lease agreements. Learn best practices for handling default and breach of contract provisions. Understand the importance of the Consumer Protection Act to the leasing industry. Understand how to legally and efficiently evict tenants and prepare effective tenant defenses. Understand what a landlord may (and may not) legally do to a tenant 1 THE LEASE AGREEMENT Overview of important lease clauses Detailed analysis of the statutory framework, such as the Consumer Protection Act and the Rental Housing Act, together with the unfair practice regulations Discussion of case-law on subjects such as the interpretation of clauses, overcoming interpretative difficulties and ensuring clauses comply with legal requirements The security deposit - how much, where to invest, when to repay, what can be deducted? The importance of a written lease for all parties 2 RENTAL ARREARS Responsibilities of the parties (Landlord, Tenant, Estate Agent) The Hypothec security over property of the Tenant Collection procedures Effective remedies short of cancelling the lease agreement When can the lease agreement be cancelled? Recovering legal fees from the Tenant 3 LEGAL PROCEEDINGS Time periods for filing Costs Possible defences which a Tenant could raise Case law on evictions 4 DISCUSSION OF POTENTIAL LEASE CLAUSES Introductory Clauses Identification of Parties Description of Premises Term of Lease Rent Use of Premises Alterations and Improvements 3

4 Maintenance and Repairs Services to Be Furnished by Landlord Common Areas Parking Taxes Utilities water, electricity, etc Insurance and Indemnity Damage and Destruction Changes in Parties General Rights of Landlord General Rights of Tenant Tenant s Options Holding Over Termination of Lease Default Interpretation and General Provisions Third Party Indemnity 4

5 REGISTRATION FORM ADVANCED RESIDENTIAL RENTAL SEMINAR 2 November 2012 Office Use Only: Ps no: Student no: Group Entry no: Venue: Law Faculty, Middle Campus, UCT but details to be confirmed Closing date for Registrations: Friday, 26 October 2012 Please complete in full. Use ONE form per person registering and please write clearly. Incomplete forms will not be processed. Please return completed forms via: Fax paula.allen@uct.ac.za or andrea.blaauw@uct.ac.za Title: ID: Full names (to appear on certificate): Postal address: Home telephone: Work telephone: Surname: Name: APPLICANT DETAILS Contact details must be completed in full This information is required for UCT reporting purposes Gender: Cell: Fax: Race: Postal code: Were you previously registered as a student at UCT? If YES, what was your student number? YES / NO Student No: Do you have any special dietary requirements? Please be specific. Do you have any other special requirements that we should be made aware of? Please provide details. Do you require parking on campus? What qualifications do you hold? Do you need information about accommodation? You will be responsible for making your own bookings and settling your accounts, but we can send you a short list of accommodation options available in the area. YES / NO 1

6 Where did you see the information about the course? Please complete in full Name of firm / organisation / person responsible for payment VAT registration number: Postal address: PAYMENT DETAILS Postal code: Street address: Postal code: Name of contact person at firm / organisation: Tel: Cell: Fax: Course fee (VAT exempt) R1800 The course fee includes refreshments and lunches, course material, parking and access to the library. Payment must be made within 30 days of date of invoice DISCOUNTS: Groups of 5 or more from the same firm/organisation may apply for a discount 5 10 people = 10% people = 15% PAYMENT OPTIONS: (Please indicate clearly which method you will use) Once off payment: By direct deposit If your company is paying for you, please use these bank details: Bank: Standard Bank Account name: The UCT Number One Account (current account) Branch: Rondebosch Branch Code: Account Number: If you are paying for yourself, please use these bank details: Bank: Standard Bank Account name: UCT Law@Work (current) Branch: Rondebosch Branch Code: Account Number: Proof of payment to be faxed to , or ed. By cheque: By credit card: Made out to UCT Master or Visa cards only Please request credit card payment form from Irena Wasserfall (irena.wasserfall@uct.ac.za) or Andrea Blaauw (andrea.blaauw@uct.ac.za) 2-month payment plan: 50% payable on registration Balance payable within 60 days of invoice Special application may be made to pay a reduced fee, based on financial need. If you wish to apply for a reduction, please submit a full motivation, with a statement of income and expenditure, including a list of liabilities due under credit or instalment agreements. 2

7 May we add your name to our mailing list to receive notification of further courses? YES NO TERMS AND CONDITIONS 1 You will be invoiced for your attendance. Payment must be made within 30 days of date of invoice. 2 We reserve the right to refuse attendance to the seminar/ workshop/ course if the fee is outstanding. Please note that if the fees are still outstanding within 90 days of invoice, the debt will be handed over for collection. 3 Cancellations: (a) You may cancel your registration in writing BEFORE the closing date for registrations. (b) Those who have registered and have not cancelled in writing BEFORE the closing date for registrations will be liable for 75% of the course fee. (c) Should you fail to attend the seminar/ workshop/ course without having cancelled as above, you will not be entitled to a refund if you have already paid. 4 UCT reserves the right to cancel the course if insufficient registrations are received; in which case, the course fee will be refunded in full if already paid. 5 Submission of this form will be taken as acceptance of the conditions above. I acknowledge that I have read and accept all the terms and conditions set out in this registration form and consider myself bound by them. Signature Date 3