The duties and rights of tenants and landlords under Swiss and South African law - a comparative analysis
Master Thesis
2015
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University of Cape Town
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In comparison with other European and international countries, Switzerland has long had a relatively high proportion of tenants, and thus in the public consciousness been considered as the 'land of tenants'. In South Africa, on the other hand, data estimate that around 20 per cent of all households do in rent. However, this does not mean that nowadays the rental housing market in South Africa does not play as important a role as in Switzerland. Indeed, the case is precisely the opposite. Therefore, in order to make a considerable contribution towards the social well - being of the population for the rental housing market of both countries, a functioning rent legislation that enables the accessibility to rental housing in general, and guarantees the protection of the tenants without neglecting the legitimate interest of the landlords in particular, is crucial. Indeed, both countries, although having two different legal systems, can fall back on rent legislation that has been developed over several decades. To what extent the two rental legislations can currently be considered as progressive and practical will be examined with the help of this thesis by performing a comparative analysis of the principal rights and obligations of the landlords an d tenants , which are granted and imposed by each jurisdiction. Thereby, in order to gain a better understanding of these rights and obligations, not only is a minimum amount of knowledge about the essence of contracts between landlord and tenant required, but if necessary certain procedural aspects in connection therewith need to be considered. Accordingly, before looking concretely at the specific rights and duties of the renting parties in both countries alongside the determination of the applicable law, a brief introduction to the nature and formation of the contract between the landlord and tenant of each jurisdiction will be provided. With regard to the granted rights, particular attention will also be paid to the several solutions which are available to one contracting party in case of non - performance of the contractual and legal obligations by the other party. Finally, an assessment will be made on whet her the Swiss rent legislation can serve as a role model or basis for an improvement and further development of the South African rent legislation, and vice versa, by pointing out their similarities and differences, and strengths and weaknesses.
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D'Amato, G. 2015. The duties and rights of tenants and landlords under Swiss and South African law - a comparative analysis. University of Cape Town.