The QUESTION is
Can he now decided to charge for our children coming to visit us for he want a fee of R100.00 per person. When we pay for our own electricity and water. plus we paid for the building and we pay for our monthly fee of R1600 this placed is for pensioners mainly. yes we haven't paid for the land on which we built the house on. this property is in a trust. The thing that also bugs me is that there are no plans submitted to be passed not sure if you need plans on a farm to build.
There is an ablution block with toilets and shower/ bath we use to use it but we don't do that anymore for we have our own shower and toilet in the house. When we did use the ablution we where staying in a caravan. The ablution really had a bad smell of sewage we always complained to the landlord and nothing was done, for every toilet in the area has sewage pit. It not connected to the municipality line.
The landlord collect the rubbish for each site and dumps it just above the caravan park, and the building materials he dumps just in the valley next to the park.
i just want to know what are our right as a permitted tenant and can he do this by charging extra fees. when we been staying there for nearly 3 years.
Respuestas de Abogados
mohammad mehdi ghanbari
Hello and regards,
I have read your question regarding the visitor fees and the living conditions on the farm. This is a complex situation, but you have specific rights under South African law that protect you. Based on the details you provided, here is a preliminary assessment:
1. Visitor Fees (R100 per person)
It is highly unlikely that the landlord can legally charge you a fee for visitors. Under the Extension of Security of Tenure Act (ESTA) and the Rental Housing Act, tenants have a right to privacy and "family life," which includes the right to receive visitors. Since you pay for your own water and electricity, the landlord cannot claim these visitors are costing him extra money. Imposing a R100 fee for family visits would likely be ruled an "unfair practice" by a tribunal.
2. The R97,000 Building Payment
The arrangement you described is legally risky. In South African law, any structure built on land usually belongs to the land owner (superficies solo cedit), unless a specific registered long-term lease says otherwise. Since you paid for the structure but do not have a title deed, you essentially paid a "capital contribution" for a right to occupy the property. However, the restriction that you cannot sell it and it reverts to the lessor is a harsh term. If this contract violates the Consumer Protection Act, it could be challenged, especially since there are no approved plans.
3. Building Plans and Sanitation
You are correct about the plans. The National Building Regulations apply to farms, and residential homes generally require approved plans to be legal and safe. Furthermore, the sewage smell and the dumping of rubbish in the valley are violations of the National Health Act and environmental bylaws. The landlord has a duty to provide a habitable environment.
Next Steps
You have strong grounds to lodge a complaint with the Rental Housing Tribunal, which can issue a ruling to stop the extra fees and force the landlord to address the sanitation issues.
Low-Cost Consultation
Since your case involves specific contract clauses (the \"trust\" and the \"reverting\" clause), I can help you review your documents and guide you on how to handle this dispute effectively. I offer affordable text-based consulting via WhatsApp.
If you would like detailed assistance, please message me on WhatsApp at , and we can discuss the best way forward for you and your family.
Best regards,
Gratis • Anónimo • Abogados Expertos
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