Services for landlords
We advise on agreements to acquire immovable property, handle due diligence investigations, advise on zoning and environmental matters including processes, deal with land claims, appear before administrative tribunals, draft leases, sale, subscription and shareholders, joint venture, co-ownership and development agreements.
Our services for landlords include:
Sale of Property
We will represent you in the buying selling of a property, and an attorney is not incentivised by increasing or decreasing the purchase price. Furthermore, while it is typically advisable to hire an agent for the marketing and advertising portion of the sale of your property, it is the attorney who will typically get involved during the transactional phase. Our services include drafting of Deeds of Sale, including freehold, sectional title and share-block sale agreements and attending on the transfers arising from the above. See more information on this under Conveyancing.
Conveyancing refers to the transfer of rights in immovable and movable property, (including full or limited title or leasehold rights) and the registration of encumbrances against such movable or immovable property such as mortgage bonds, notarial bonds or servitudes. We will be provided with a personal service, with direct client and attorney communication. Our conveyancing services include the drafting of attending on the transfers arising from a sale of a property, deceased Estate property transfers, subdivisions and consolidations and opening of Sectional Title Registers, Registration of Servitudes, both personal and praedial and Registration of Private Mortgage Bonds.
Eviction of Tenants
We regularly deal with evictions on residential and commercial leases. We will advise you of the appropriate procedure to follow having regard to the Consumer Protection Act, the Rental Housing Act, the Prevention of Illegal Evictions from and Unlawful Occupation of Land Act, Extention of Security of Tennure Act and all other applicable legislation. We deal mainly with evictions through the High Court in Johannesburg and other areas with the assistance of correspondent attorneys. We are also able to deal with evictions on properties situated in Gauteng.
Evictions of other Illegal Occupants
Often it is necessary to do an eviction on properties bought on sheriff auction. It may also happen that land or buildings purchased are occupied by squatters. The complexities in the process involved in evicting such occupants requires the attorney to have specialised knowledge and experience of such evictions. We have attended to such evictions on behalf of numerous clients ranging from developers to property speculators.
Litigation related to property disputes
Whether in the realm of dispute resolution, litigation, our team assists clients to find the most beneficial resolution of disputes, effectively and efficiently. We have the necessary expertise in resolving all types of disputes and can be counted on to advise sensibly on merit. Disputes relating to property matters are primarily dealt with our civil department. The types of disputes we handle mainly cover corporate and commercial disputes, landlord and tenant disputes, evictions, insurance disputes and rental disputes.
Management of Delinquent Tenants
It may happen that you currently have a tenant that causes frustration by late or partial payments, but you may not want to terminate the lease just yet. Our software, Consumer Profile Bureau (CBP) tracing services is linked to 4 different bureaus, which enables in-house tracing of tenants. The tenants receive a notice every time their credit profile is updated, which generally assists in communicating the seriousness of bad payment behaviour. The fact that the tenant’s behaviour is monitored by a Law Firm also helps in increased compliance and enables fast action, should action need to be taken against such a tenant.
Drafting and Vetting of Lease Agreements
The first step in mitigating your risk as a Landlord is to ensure that you have a good lease agreement in place. The agreement must take cognisance of the wide range of legislation applicable to such leases. The Rental Housing Act or the Consumer Protection Act may invalidate certain portions of your lease, and may even criminalise some of the provisions. It is important to regularly update your lease agreements to ensure that it complies with the latest amendments in legislation and provide for the latest trends of tenant disputes. Having an expert draft a custom lease for your rental properties may save you much frustration and expense later on. We assist many Landlords, Rental Agents and Managing Agents with lease agreements and would gladly discuss your needs with you.