Advanced Residential Rental Seminar

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 and its impact on all areas of residential letting. 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 uncomfortable situations such as tenant deaths as well as reconstruction of leased premises. Emphasis will be placed on practical application using real life examples where complex and obscure 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 that you can confidently handle tough leasing questions and scenarios.

WHO WILL BENEFIT FROM THIS COURSE?

Estate agents, rental agents and landlords

COURSE PRESENTER

Marlon Shevelew is the senior attorney at Marlon Shevelew and Associates, a boutique law firm comprising five lawyers. The firm specialises in residential, commercial and industrial rental property law, sectional title law, civil and commercial litigation, corporate recovery and consumer law.

Marlon has more than 13 years of experience in these fields and he has litigated and successfully obtained over 4000 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 Marlon 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 and 2013 he was invited to lecture on rental property law in association with the Institute of Estate Agents (IEASA) Western Cape, which he currently does on a monthly basis. Marlon frequently guest lectures on behalf of the most reputable credit bureau in the country for tenant enquiries – Tenant Profile Network (TPN) – as one of its national legal advisors. He also conducts educational seminars and presentations for numerous companies, including PayProp – the largest processor of rental payments for the property management industry – on the Consumer Protection Act and general Landlord Tenant law.

He is also a regular guest on SAfm’s “The Law Report” discussing rental property law in a dedicated monthly slot and has featured on Cape Talk 567 and Property Matters on DSTV. He serves as a guest expert to, amongst other publications, Private Property, Property24, Wendy Knowler – Consumer Editor for Independent Newspapers and syndicated consumer columnist and Lea Jacobs – specialist property writer who contributes to the following publications: Business Day Home Front, the Private Property news website and the Property Professional magazine. Marlon authored the first marketable residential and commercial lease agreements that were compliant in terms of the Consumer Protection Act. He 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), and the South African Council of Shopping Centres (SACSC). Marlon received his BA LLB from the University of Cape Town.

SEMINAR OUTLINE

After 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 practises 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 defences
  • Understand what a landlord may (and may not) legally do to a tenant

1. The Lease Agreement

  • Overview of important lease clauses and its implications
  • Detailed analysis of the statutory framework, such as the Consumer Protection Act and the Rental Housing Act, together with the unfair practice regulations and court rules where applicable
  • 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? Fair wear and tear will be discussed in depth
  • The importance of a written lease for all parties.

2. Rental Arrears

  • Responsibilities an duties of the parties (landlord, tenant, 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?

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
  • 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

TESTIMONIALS

Marlon is probably the top property law attorney we have available in South Africa today. He is an exceptionally gifted presenter of complex property information – he explains property law in the most understandable way to everyone in the audience, making property law and its practical application sound easy and logical. Marlon is in touch with the latest case law to give clients the full and proper interpretation of the law as it applies today. This focus is of crucial importance and Marlon ensures he is up to date at all times. Marlon is a top achiever with a highly committed and professional attitude. He is well-mannered down to earth, personable and educated – the type of person you would want on your team as a legal adviser. I would recommend Marlon to any property team or company at the highest level, locally or internationally” Anton Gouwsventer - Assetline Consulting

I highly recommend that anyone who is serious about property rentals attends your workshop. Your expert knowledge and experience, which you shared with us, was well presented and explained in a manner which was clearly understood with your explanations and examples. I have attended many workshops, this one was definitely by far the most advanced. A full day that was jam packed with your expert knowledge, expert opinions and explanations covering in detail residential leases, essential clauses and the CPA. A huge bonus for us is that you are one of the top rental attorneys in the country and as a result we left the seminar much more knowledgeable and confident. I can honestly say that this was great value and money well spent. It was also valuable to meet and network with big group of approximately fifty principals and agents who want to offer a professional service. Much appreciated” - Ricci Johannessen - AIDA

I would like to take this opportunity to thank you for your course. You provided a wealth of information and have proven yourself to be at the forefront of the legislation directly affecting our day to day operations in the residential letting market. Not only can I recommend the course but would go so far as to say that it is a course that is compulsory for all businesses and individuals involved at any level in the residential letting market. I look forward to attending the course again with our franchisees.” - Grant Smee - Co-Franchisor, Managing Director and Franchisee Only Rentals

I want to thank you for your presentation of the Advanced Residential Rental Seminar. Your presentation was done very professionally, and real issues pertaining to the market were addressed in a manner that was understandable to all. I think every property company should invest in your course, as it absolutely essential for management and rental agents to bear knowledge of the legal and other aspects that you addressed in your course. One word to describe the course is EXCELLENT!!! The EAAB should make this course compulsory for all agents.” - Mathilda Swanepoel - Pro Admin

TIMETABLE OF EVENTS

Programme and venue information:
Signing in will commence at 9:00 unless otherwise advised and the day will end at approximately 17:00. Instructions regarding the programme and direction to the venue will be sent to you electronically a week prior to the event.

Award of certificate:
A certificate of attendance from UCT will be awarded to those who attend the full day. Please ensure that you sign the attendance register.

Course fee:
R2,000.00 per delegate

Closing date for registration:
One week prior to the seminar

Registration and enquiries:
Please contact the Professional Development Project:
Paula Allen on 021 650 5558
Andrea Blaauw on 021 650 5413
Fax: 021 650 5513
Email: paula.allen@uct.ac.za / andrea.blaauw@uct.ac.za / irena.wasserfall@uct.ac.za
OR visit our website: http://www.lawatwork.uct.ac.za to download the registration form.

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