Jacobson Attorneys - Latest Comments

Re: Does the Consumer Protection Act apply to residential leases?

pauljacobson — Mon, 09 Apr 2012 12:15:03 -0000

Hi Graeme

That doesn't make sense to me at all. That interpretation potentially creates a situation where a substantial number of tenants are deprived of the protections afforded to tenants who happen to lease from professional landlords. That is pretty arbitrary when you look at it from a consumer protection perspective.

I think the distinction should be drawn between leases which have a commercial rationale and those which don't and which include leases between family members and leases without a commercial purpose.

Re: Does the Consumer Protection Act apply to residential leases?

Graeme Palmer — Mon, 09 Apr 2012 12:09:25 -0000

I disagree with your commentary. The CPA would only apply to a residentail lease if it was in the "ordinary course" of the landlords business to let residential property. If he has only one property which he lets, then obviously it is not in the ordinary course of his business and the CPA does not apply. If it is a property holding company that lets property, then the CPA would apply.

Re: Does the Consumer Protection Act apply to residential leases?

pauljacobson — Mon, 02 Apr 2012 03:49:56 -0000

Yes, that makes sense to me. If a landlord leases a property in an arms-length transaction and makes money off it (even if that is to pay a bond and operating costs), that is still a commercial activity. The clause may not apply to a family member leasing a property to another and charging enough rent to cover levies and other costs but when it comes to general residential leases, I think that should fall into the "ordinary course of business" requirement.

It can't be commercial leases only because transactions between juristic persons are excluded and the section's scope would be pretty narrow.

Re: Does the Consumer Protection Act apply to residential leases?

Shaun Benater — Mon, 02 Apr 2012 03:46:30 -0000

Great article, thank you! Are you assuming that all residential leases fall into the “ordinary course of business“ requirement?

Re: Shopping bags and direct marketing

Kobus — Sun, 27 Nov 2011 14:29:49 -0000

Interesting; We
as customers have to pay for shopping bags ,my question is were does all this
millions go and who is responsible for reuse this money?

Thank you

kobus@vistarus.co.za

Re: Shopping bags and direct marketing

pauljacobson — Tue, 13 Sep 2011 02:29:14 -0000

Hi Andrew

It helps to have a slightly obsessive and impulse-control challenged personality when it comes to writing posts about topics that I find interesting!

Re: Shopping bags and direct marketing

Andrew Allison — Sat, 10 Sep 2011 03:39:04 -0000

How did you do this so quickly!? Well put. Class action here we come!