QUESTION ONE $[35]$

Siya leases an apartment to Richard, in a block of flats, for R $8000($eight thousand rand$)$ a month. Richard moves into the apartments and proceeds to run a gym from the premises. Running a business from the building is strictly prohibited in terms of the building$$s rules. The other residents of the building complain about the noise and traffic emanating from the flat Richard is leasing. The body corporate of the building is threatening to sue both Siya and Richard.

Moreover, Richard has fallen in arears with four months$$ rent and the caretaker of the building has informed Siya that Richard has packed his personal belongings and has absconded$.$

Siya comes to you seeking advice.

Questions:

$1\mathrm{.}1$ Identify the two duties of a tenant that Richard has breached. $(4)$

$1\mathrm{.}2$ Explain the duties breached in context of the scenario at hand. $(8)$

$1\mathrm{.}3$ Identify the remedies available to Siya for each of the duties breached by Richard. $(8)$

$1\mathrm{.}4$ Siya does not understand the concept of the landlord$$s tacit hypothec. Advise on the landlord$$s tacit hypothec and when it can be used. $(15)$