Lease contract not in writing?

HavocXphere

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Oct 19, 2007
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I lease the place I stay at from my dad at like ~80% of market rate (80% plus reliable tenant seems to suit him just fine so all good there).

My question though is - written lease contracts. Nothing was ever signed or put in writing & I'm wondering if this might come back to haunt one of us.

My dad & myself are on superb terms and I trust him fully so that side is cool. I'm asking about external parties...body corporate, SARS, insurance, rates etc. What are the implication of no written contract there (for both parties)?

(Insurance - contents uninsured...not much stuff, building insured). Elec bill is in my name, everything else in his.

Thanks
 

Radioboy

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Apr 12, 2013
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Im in the same situation. The only problem that I have ran into is providing 'proof of residence'.

Some companies don't accept utility bills or SAPS affidavits anymore. For example, Allan Gray and the HPCSA demands a rental agreement in writing if you don't own the property.

Your dad shouldn't run into trouble as far as i know - yet i can be wrong. I have never owned a property.
 

HavocXphere

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For example, Allan Gray and the HPCSA demands a rental agreement in writing if you don't own the property.
hmmm...hadnt thought of that. How does it work it both parties agree to back date a rental agreement?

Im in the same situation. The only problem that I have ran into is providing 'proof of residence'.

Some companies don't accept utility bills or SAPS affidavits anymore. For example, Allan Gray and the HPCSA demands a rental agreement in writing if you don't own the property.

Your dad shouldn't run into trouble as far as i know - yet i can be wrong. I have never owned a property.
Dude if anyone gives you grief about a SAPS stamped document then you tune them ka.k until they back off. Short of a fckin court of law a SAPS stamp is as good as it gets. PM me if you need more help.

EDIT: Removed inappropriate parts of post. Apologies to all for any offence caused.
 
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Lycanthrope

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Oct 26, 2006
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You quoted a 2880 character post with a response of exactly 3 chars. You're a supergrandmaster...post a proper ****in reply or gtfo. And no I don't care that you're a woman...common courtesy applies to all.

What charming manners you have.

I think what she was trying to illustrate was your extreme paranoia.

I've returned a few times over the years to both my old Pick 'n Pay and Spar when they've either over-charged or failed to account for an item (+R50). And, right up until the point I left, I still saw the same friendly faces.

I have no idea how you would ever have come across such a belief?

Nor how this thread went from a lease to... well... this.
 

Icarium

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Jan 15, 2010
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You quoted a 2880 character post with a response of exactly 3 chars. You're a supergrandmaster...post a proper ****in reply or gtfo. And no I don't care that you're a woman...common courtesy applies to all.

99% Of your reply was completely offtopic. And R2k will barely buy you a cheap suit. Even the jeans, t-shirt and sneakers I'm wearing now come to more than that and I'm seriously underdressed compared to the business types around here - don't think security around here would hesitate to confront me if I gave them a reason...
 

drkev

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May 9, 2012
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245
How did lease contract in writing end up shopping in Spar? :wtf:

Anyway, seeing as its your pops is leasing the place to you, i wouldnt worry. I mean, if you ever need one just draft one in Word - then sign it with old dates
 

drkev

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May 9, 2012
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245
I have noticed that I am never asked to seal my bags when I enter a supermarket. But they are always sealing black people's bags. Ok, I was asked once, but I made a fuss. I said no, and if it is a requirement to shop there tell me so I will leave and shop elsewhere (PnP). They left me alone then.

One thing I hate is these guys at the exits of shops like Builders Warehouse, Game etc. They make this big spectacle like they are actually ticking off the items on your slip. So I always just walk out with a "no thanks, I'm alright"

Some people say "Oh you must get it stamped if you want to return your goods" Yes, sure.. where is that in the CPA?
 

ToxicBunny

Oi! Leave me out of this...
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Apr 8, 2006
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113,498
No, not having a lease contract will not bite you in the ass in terms of external parties..

and anyone who won't accept things such as utility bills or an SAPS affidavit need to get their ass handed to them, they're legal proof of residence documents and companies CANNOT disregard them.

I had a similar issue when I opened a business account with Standard Bank, they wanted all sorts of random documents to which I told them to get knotted, they'd get the requirements for FICA and not a document more. Even the bank manager was adamant they needed it until I showed him the legislation and told him that if they don't follow the law I will take the account to a bank that does.
 

minty203

Active Member
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Jun 25, 2013
Messages
87
You dont really need to stress. I wouldnt even say im renting from my father. Just say you living with your father. Because say you draw up a lease agreement with say a rental of whatever amount and your father doesnt declare that income on his tax return, then he is in a problem. Because you supposed to. This rarely happens that they will find out about the rent income if he doesnt declare it. But he should actually.

About the fica, i opened a business bank account at std bank recently and they needed the w+l account in my father's name and he signed a form confirming i live with him.

for all of the accounts i have ever opened, a letter from him was always sufficient. just had written too, and just stating he confirms i live with him. not even witnessed or nothing.

if you do still want a lease agreement, i seen standard ones that waltons sells. they cheap. just fill it in and have it on record if you like.

may you always have a good relationship with your old man.

PEACE.
 
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