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Not every consumer is protected but if you are in the business of rental, be aware

The relationship between residential lease agreements and the Consumer Protection Act 68 of 2008 (CPA) often creates confusion, particularly when it comes to the termination of fixed-term lease agreements. The recent Supreme Court of Appeal (SCA) decision in Els v Venter and Another (449/2024) ZASCA 163 provides clarity on when the CPA applies and importantly, when it does not. The judgment considers whether a residential lease agreement concluded by private homeowners falls “within the ordinary course of business” as required by the CPA, and what this means for landlords and tenants in similar disputes.