TPN launches LeasePack to educate property owners and estate agents on the terms and conditions of the CPA
The Consumer Protection Act, though a positive progression for consumer rights in South Africa has changed the nature of traditional property rentals.
“The tenant now has more fundamental rights and this means every estate agent and landlord has to ensure that all their lease agreements are compliant,” says Managing Director of TPN, Credit Bureau, South Africa’s only specialist property credit bureau and developer of the industry’s first rental payment profile of its kind.
“The CPA was made effective 1 April 2011 and the final regulations only made public the same day. This placed the entire industry in flux as not a single rental agent or landlord could be prepared. We spent months with leading property attorney, Marlon Shevelew interpreting the CPA and regulations and how they would affect the rental industry.
“We realised that there was a need for ‘documentation pack’ of sorts that would contain all pertinent information including how the CPA affects our industry. This is why we launched the TPN Consumer Protection Act (CPA) compliant LeasePack, so far it’s the first and only available to the rental market,” says Dickens.
The rules of the game have changed to such an extent that the CPA affects all lease agreements, so much so that a re-write is needed for all property owners and estate agents working in the rental market. Lease agreements have to be written in plain and understandable language (without limiting the landlord’s legal ability to successfully argue his rights in a Tribunal or Court). Clauses now contrary to the CPA have to be deleted and many clauses have to be added or changed in order to comply with the CPA.
“It’s critical to remember that the CPA provides for 3 categories of consumers (tenants): Natural Persons, Juristic Entities (LESS than R2 million) and Juristic Entities (GREATER than R2 million) with different rights and obligations afforded to the different category – all lease agreements and supporting documentation must be drafted to afford the appropriate rights and obligations to the correct category of tenant,” says Dickens.
According to Dickens the lease pack includes:
• Essential documents such as Mandates, Landlord disclosure, Lease Agreement, Resolutions, Suretyship, Application Form, Inspection Form and more.
• Includes all updates to all the documents for a 12 month period (upgrades to the pack are based on future Tribunal or Court rulings).
• Includes legal updates: Consumer Protection Act – interpreted and simplified for the Rental Industry.
• A section of frequently asked questions and answers complied by Michelle Dickens and Marlon Shevelew based on the last 12 months surrounding the complexities of the new legislation.
• Includes bi-monthly updates regarding property rental industry Tribunal and Court findings and other relevant industry trends.
The residential LeasePack is available at leasepack.tpn.co.za there is a landlord or estate agent version at an annual cost of R350 (ex Vat for the landlord version or R800 (ex Vat) for the estate agent version.
082 293 6858
0861 876 000
TPN was started in 2000 as a tenant profile network and is now a registered credit bureau. The company developed the only trusted rental payment profile database of its kind in South Africa. The TPN database combines information from TPN and other highly valuable sources, such as Experian and TransUnion, to provide the most comprehensive behavioural profiles on tenants and prospective buyers in the property industry today.
For more information on the pack please contact TPN Credit Bureau on 0861 876 000