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Can tenant sublet

By Johan Bellardi on Tue, 10 Apr 2018 at 12:48

we have a tenant that wants to sublet the garage of the unit he is renting. (garage and house together is a unit) The tenant made it available to other occupants in the complex.

Can this be allowed ? from my understanding only the owner can rent out the unit of which the garage is part of. The tenant cannot sublet the garage on his own. Would it be OK if the owner agree to such sub letting or must the sub letting be between owner and someone else that might want to rent such a garage.

I refer here more to the Rental Housing Amendment Act that say "The tenant will also not be in a position to sublet the property without the consent of the landlord.

Anything in Sectional title prohibiting subletting by a tenant

How to handle?

Regards
Johan

Replies

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RE: Can tenant sublet

Murray Bennett replied on Tue, 10 Apr 2018 at 20:46

Tenant may only sublet if that right is given to him in terms of the lease or an addendum is drawn up and signed by both him and his landlord giving him the right to do so. [this is a matter between the tenant and his landlord] 27 2 [b] of the Sectional Title management act - regulations could be construed to mean that the trustees should be provided with the name and contact details of the person renting the garage to keep on record along with the main tenants details. 2 (b) lists of trustees, members and tenants with their—
(i) full names;
(ii) identity numbers or, in the case of non-South African citizens, their
passport numbers; and
(iii) section addresses and mailing addresses, if different;
(iv) telephone numbers; and
(v) email or other electronic addresses, if any;

RE: RE: Can tenant sublet

Johan Bellardi replied on Wed, 11 Apr 2018 at 11:20

Thank you kindly
Johan

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