The question of whether residential lease agreements fall within the ambit of the Consumer Protection Act 68 of 2008 (CPA) has long been the subject of legal debate. The Supreme Court of Appeal (SCA) has now provided important clarification in Els v Venter and Another (449/2024) [2025] ZASCA 163 (27 October 2025), where it considered whether a residential lease concluded between private parties constitutes a transaction “in the ordinary course of business” for purposes of the CPA.
In Els v Venter, the SCA clarified that residential leases do not automatically fall within the CPA’s scope. The Court emphasised that the decisive factor is whether the landlord is acting in the ordinary course of business. Accordingly, a landlord who derives income through the systematic letting of multiple properties, such as a property investor or developer, will, in most cases, fall within the ambit of the CPA. By contrast, a private individual letting a single property on a casual or isolated basis may fall outside its application.
Please see case attached below.
Allen West
Property Law Consultant
HANNES GOUWS AND PARTNERS INC.
Attorneys, Notaries & Conveyancers
Tel: 012 321 1008
Cell 078 7655928
E-mail: allen@hannesgouws.co.za
Author of The Practitioners Guide to Conveyancing and Notarial Practice 3rd Edition
