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Agreements & Contracts

Protect yourself legally

Although a verbal contract is legally binding, it is also much more difficult to prove or enforce.  TheRoomLink recommends that both parties sign a written contract once you have agreed to the terms verbally.

Different types of contracts are available to download from our online legal partners.  They’ve all been drawn up to comply with South African law. 

 

Find the right contract for you:

 

R139 - Lodger Agreement:  Licence to rent a room 

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Suitable for:

  • A homeowner renting out a spare bedroom (to a stranger, a friend, or a couple)
  • A student owner landlord renting rooms in a house/flat to other students
  • For any type of property: flat, house, etc
  • Use to sub-let a room if you rent under a tenancy agreement (subject to your agreement allowing sub-letting)

It is not suitable if:

  • The renter will run a business from the property
  • The renter will occupy the whole property and the landlord lives elsewhere
  • The renter will only live in the property on a part time basis

 

R119 - Student ‘Tenancy’ Agreement:  Licence to rent a room 

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Suitable for:

  • A non-resident land lord renting more than one bedroom to different students, each with their own license agreement
  • A homeowner renting out a spare bedroom (to a stranger, a friend, or a couple)
  • A student owner landlord renting rooms in a house/flat to other students
  • For any type of property: flat, house, etc
  • Use to sub-let a room if you rent under a tenancy agreement (subject to your agreement allowing sub-letting)

It is not suitable if:

  • The renter will run a business from the property
  • The renter will occupy the whole property and the landlord lives elsewhere
  • The renter will only live in the property on a part time basis

 

R139 - Part-time Lodger Agreement:  Licence to rent a room 

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Suitable for:

  • Professional accommodation / commuters who will rent for defined or regular periods, but will return home in-between.  The period could be every other week, specific days each month or any other arrangement you need.
  • A non-resident land lord renting more than one bedroom to different students, each with their own license agreement
  • A homeowner renting out a spare bedroom (to a stranger, a friend, or a couple)
  • A student owner landlord renting rooms in a house/flat to other students
  • For any type of property: flat, house, etc
  • Use to sub-let a room if you rent under a tenancy agreement (subject to your agreement allowing sub-letting)

It is not suitable if:

  • The renter will run a business from the property
  • The renter will occupy the whole property and the landlord lives elsewhere
  • The renter will only live in the property on a part time basis

 

R199 - Residential Lease Agreement 

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Suitable for:

  • The tenant(s) is a private individual and not a company
  • The whole space will be let to one or more tenants under a single agreement
  • The property will be used for residential purposes only 

It is not suitable if:

  • The renter will run a business from the property
  • It is for agricultural purposes

 

Other useful contracts

Some other useful contracts are included below:

 

R189 - Licence Agreement:  renting out a private garage 

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Suitable for:

  • Renting out a garage, shed or outbuilding adjoined to a house
  • Renting out land for any use, including as a car parking space

It is not suitable if:

  • The renter will use it for business purposes

 

R409 - Service Occupancy Agreement 

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This service occupancy agreement grants a licence to occupy to an employee living in accommodation (from a single room to a whole property) provided by the employer for the better performance of their work duties.

 

Suitable for:

  • Situations where the occupancy needs to end when employment terminates
  • Obtaining possession when employment ends
  • Circumstances where you receive no rent
  • The occupancy is necessary for the employee to perform his duties adequately
  • According to his employment contract, he must occupy the accommodation.

It is not suitable if:

  • The occupier pays rent

Examples of when used:

  • Live-in nanny, house keeper or carer
  • Hotel staff
  • Security staff
  • Care takers
  • Grounds and estate staff
  • Teachers at boarding schools