Until I August $2000,$ agreements with regard to the lease of property were governed mainly

by the common law in South Africa. Until the introduction of the Rental Housing Act $50$ of

$1999,$ the rent that could be charged in respect of certain lease agreements was limited by

the Rent Control Act $80$ of $1976.$ The Rent Control Act did not only place a restriction on the

quantum of the rent that could be charged but alsollimited the grounds on which lessees

could be evicted. As the Rent Control Act was repealed by the Rental Housing Act, the Rent

Control Act will not be discussed further. The Rental Housing Act $($as amended by the Rental

Housing Amendment Act $43$ of $2007)$ places a restriction neither on the quantum of rent that

may be charged nor on the grounds on which lessees may be evicted. The Consumer

Protection Act $68$ of $2008$ may, however, impact on these aspects of the relationship between

a lessor$/$landlord and his lessee$/$tenant$.$It is noteworthy that the Rental Housing Amendment

Act $35$ of $2014$ was published in the GG on $5$ November $2014.$

Since I August $2000,$ the relationship between lessors and lessees in respect of lease contracts

entered into for housing purposes has been governed by the Rental Housing Act $50$ of $1999.$

The aim of the Rental Housing Act is clear from its long title, which provides as follows:

To define the responsibility of Govemment in respect of rental housing property, to create

mechanisms to promote the provision of rental housing property; to promote access to

adequate housing through creating mechanisms to ensure the proper functioning of the

rental housing market; to make provesion for the establishment of Rental Housing Tribunals;

to define the functions, powers and duties of such Tribunals; to lay down general principles

governing conflict resolution in the rental housing sector, to provide for the facilitation of

sound relations between tenants and landlords and for this purpose to lay down general

requirements relating to leases; to repeal the Rent Control Act, $1976$; and to provide for

matters connected therewith.

Choose the most correct answer,from A$-$E below.

A$.$ The Rental Housing Act $($as amended by the Rental Housing Amendment Act $43$ of $2007)$

places a restriction on the quantum of rent that may be charged or the grounds on which

lessees may be evicted.

B$.$A contract of letting and hiring must confer upon the lessee the power to use and enjoy

the object that is to be let.

Cln the contract of lease the rent may not be a specified sum of money.

D$.$Ordinary rules apply only to the lease of moveables and not immoveables.

E$.$ The aim of the Rental Housing Act is clear from its long titie, which provides for matters

unrelated to the constitution.

$1\mathrm{.}2$ THE CONTRACT OF SALE

$(5)$