Tenants, landlords and leases

If you pay to rent a house, you are called a tenant, or a lessee.

The owner of the house is called the landlord or lessor.

The tenant and landlord have an agreement, called a lease.

The lease can be for a fixed time, in which case the landlord does not have to give you

notice to end the lease and you must leave the house on the date when the lease ends,

unless the lease is renewed by agreement with the landlord.

The landlord cannot make you leave before the date when the lease ends, unless you

break a condition of the lease, for example, if you do not pay rent on time.

The Rental Housing Act (No 50 of 1999)

The Rental Housing Act controls the relationship between landlords and tenants in the

private rental sector. The Act protects tenants from landlords for example, if they charge

very high rentals for bad accommodation. It also protects landlords from tenants for

example, tenant committees that hold back rent money or try to take over the running of

buildings. It provides for mechanisms to resolve disputes, for the establishment of Rental

Housing Tribunals and a system for building positive relationships between landlords and

tenants. The Act applies to all written or verbal residential lease agreements entered into

on or after 1st August 2000. (New Amendment- all leases must be in writing)

The Rental Housing Amendment (RHA) Act, 2007 was passed by Parliament to address

some administrative issues and implementation of the 1999 Act. One of the most

important changes is the definition of “unfair practice.” An unfair practice is any act or

omission by either a landlord or tenant that goes against the Act or the Unfair Practice

Regulations. The new Unfair Practice Regulations came into force by mid-2008.

The following is a brief list of some of the rights and duties of landlords and tenants. These

are either already in the Act or will appear in the Unfair Practice Regulations.

What are the rights of landlords and tenants?

A landlord has the right to:

prompt and regular payment

Recover debt after an order of court has been obtained

Terminate a lease on grounds not deemed unfair and as specified in the lease

agreement

Upon termination of a lease, receive the property back in good state and repossess

the property after an order of court has been obtained

Claim compensation for damages

A tenant has the right to:

Not have his/her person or residence searched

Receive visitors

Not have his/her property searched

Not have his her possessions seized without an order of the court

Privacy of communication

What are the duties of landlords and tenant?

A landlord a duty to:

ensure that the premises is in a safe and liveable condition when rented out

allow the tenant to receive visitors

place the tenant‟s security deposit in a savings account which has the highest rate

of interest for that financial institution

return the security deposit, plus all interest accrued, to the tenant minus any costs

for reasonable repairs for damages caused by the tenant

provide proof to the tenant of any costs incurred through having a lease drawn up

when passing on such costs to the tenant

A tenant has a duty to:

pay the rent on time as specified by the lease

keep the dwelling/property clean and tidy

not use the premises for an improper purpose (for example, overcrowding, illegal

activities and unregistered retail)

at the end of the lease, return the property to the landlord in the same condition

minus reasonable wear and tear

keep to the provisions of the lease as long as all the provisions are legal

Unfair Practice Regulations

Property owners renting residential property to tenants should note that there is a National

Rental Housing Act, the legalities of which must be noted when drawing up a lease and

dealing with tenants during a lease period.

However, it is not sufficient to be familiar with the clauses of the Rental Housing Act, as this

Act is coupled with the Unfair Practices Regulations when dealing with residential

property. These Regulations are the "how to" of the Act and provide a practical

explanation as to the manner in which the demands of the Act should be executed.

The aim of the Rental Housing Act is to facilitate a fair deal for both the landlord and the

tenant. The Act was drawn up specifically to overcome the many problems which were

experienced in this relationship. Accordingly it is hoped that a better understanding of the

Act will encourage an improvement in the relationship between landlord and tenant.

The Rental Housing Tribunal's function is to ensure that unfair practices between landlords

and tenants are eliminated and hence it interprets both the Act and the Regulations in its

deliberations.

The Unfair Practices Regulations are quite detailed and a summary is set out below.

Changing of locks

Locks of a property may not be changed unless it is necessary due to fair wear and tear,

without reasonable notice being given to the other party and new duplicate keys being

provided to both parties.

Conditions & maintenance of property

The condition of a property at the onset must be reasonably fit for the purpose

for which it is let

A landlord must maintain a property in terms of with all Provincial Ordinances,

Health and Safety Regulations or any other relevant law

The landlord must provide all services to a property as agreed to in the lease

The landlord must effect repairs for which the landlord is responsible not later than 30 days

after due notice. A further period may be agreed upon between the landlord and tenant

if it is deemed necessary in the circumstances.

Reconstruction, refurbishment, conversion, demolition

A landlord may only request that a tenant vacate a property if the contemplated repairs

cannot be undertaken whilst a tenant is living in the premises

A landlord may only cancel a lease if the property becomes derelict and cannot

be inhabited

Whilst a landlord is repairing a property the tenant must be given a remission in

rent to compensate for inconvenience caused.

Should the tenant remain in the property whilst repairs are being effected, the

tenant must receive a remission of rent for inconvenience caused.

A landlord must undertake necessary repairs as soon as possible so that the tenant is not

inconvenienced.

A landlord must ensure that the tenant can return to the property as soon as the repairs

are completed.

A tenant may not cancel a lease unless the temporary unfitness of the property

would be ruinous to the tenant.

A tenant may not cancel a lease unless it can be proved that the contemplated repairs

to the property could have been foreseen by the landlord when the lease was entered

into.

Entry

A landlord may not enter leased property without giving a tenant reasonable notice and

then only to inspect the property, to make repairs to the property, to show the property to

a prospective tenant, purchaser, mortgagee or its agent or if the property has been

abandoned or having obtained a court order.

A tenant must allow a landlord entry under the above circumstances as long as the

inspection is carried out at reasonable times.

Receipts

A landlord must give a tenant detailed receipts for deposit, rental, services and any other

amount paid to the landlord.

Municipal services

Municipal services must be provided in terms of the lease and the landlord may not

charge a tenant more than the exact cost of services consumed in the property if there is

a separate meter.

A landlord must not fail to comply with any regulation or by-law regarding the amount to

be charged to the tenant if the property is not separately metered.

When a property is separately metered for services and the landlord bills the

tenant directly the landlord must provide the tenant with a monthly statement

which must contain the following information:

names of landlord & tenant and the physical address of property

name, address & telephone number of each service provider

previous & current months meter readings

actual consumption for each service and the amounts being charged

total payment due

date of next meter reading

amount of any arrears

A landlord is not permitted turn off utilities to the rented premises or property. It has

become a criminal offence to cut off electricity or water regardless as to whether the

account has been paid or not.

A landlord may only terminate services if there is an emergency, to do maintenance or

repairs after reasonable notice has been given to the tenant.

Landlords

A landlord may not intimidate, discriminate or retaliate against a tenant for exercising his

rights under the Rental Housing Act, these Unfair Practices Regulations or any other law.

A landlord may not stop a tenant from establishing or being a member of a tenants

committee or any similar organisation.

A landlord may not make false representation regarding the official nature of any

document.

A landlord may not engage in oppressive or unconscionable conduct towards the

tenant.

A landlord may not refuse to accept any notice lawfully presented or sent to him

by a tenant.

A landlord may not refuse to follow Rental Tribunal complaint procedures or any

agreement made with the Tribunal or with the tenant through the Tribunal complaint

procedure.

A landlord may not conduct any activity which interferes with the rights of the tenant or

which is forbidden under the lease, the Act, the Regulations, any ordinance, health or

safety regulations or any other law.

A landlord may not persuade a tenant to waive his rights under the Act, the

Regulations or any other law, or to withdraw from proceedings before the Tribunal.

Tenants

A tenant may not cede his rights, assign his obligations or sublet the property or any part

thereof without the written consent of the landlord.

A tenant may not allow more than the maximum number of persons as arranged with the

landlord to live in the property.

A tenant may not intimidate, discriminate or retaliate against a landlord for

exercising any right under the Act, the Regulations or any other law.

A tenant may not make false representation regarding any official document or refuse to

accept any notice lawfully presented or sent by the landlord.

A tenant may not engage in unconscionable conduct towards the landlord.

A tenant may not refuse to follow the Tribunal complaint procedures of any agreement

made with the Tribunal or with the landlord through the Tribunal's complaint procedures.

A tenant may not conduct any activity which interferes with the rights of other tenants or

which is forbidden under the lease, the Act and the Regulations, any ordinance, health

and safety regulations or any other law.

A tenant may not cause or allow any nuisance on the property.

A tenant may not persuade a landlord to waive his rights under the Act, these regulations

or any other law, or to withdraw from proceedings before the Tribunal.

Vivien Marks is a Rental Housing Tribunal board member

LEASES UNDER THE CONSUMER PROTECTION ACT

The Consumer Protection Act grants various rights to consumers in order to give content

to a consumer‟s right to choose. One of these is section 14, which aims to limit the grip

that fixed term agreements have on consumers. The following are relevant considerations

when applying the provisions of section 14 to lease agreements:

CPA will not apply to leases entered into between two juristic persons, regardless of the

juristic person/consumer's annual turnover or asset value.

CPA will only apply to lease agreements if the landlord is a „service provider‟ or 'supplier‟

as defined in the Act. There is currently some uncertainty amongst practitioners and

academics alike as to whether an individual landlord who, as a sideline and not in his

course and scope of business, lets premises to another, falls within the definition of „service

provider‟ or 'supplier‟. However, it appears that such a transactions do fall under the

provisions of the CPA if the activity occurs on a continuous basis, and is not once-off or so

intermittent as not to constitute a constant activity.

Assuming then that that it does apply i.e.

(i) that the landlord did not rent the premises out on a purely once-off basis and

(ii) that the Courts find that a landlord‟s continued leasing activity, although outside

the course and scope of his prime business, falls within the definitions of the Act,

section 14 determines that:

The lease may not exceed 24 months, unless a longer period is expressly agreed to with

the tenant AND the supplier can show a demonstrable financial benefit to the tenant in

the extension over 24 months.

The tenant may cancel the agreement with 20 business days‟ notice, without the need to

prove that there was breach (whether material or not) of the agreement.

Regardless of the reason for the cancellation of a fixed term agreement, the tenant will

remain liable to the supplier for any amounts owed to the supplier in terms of the relevant

agreement up to the date of cancellation – but not up to the end date of the contract

contemplated under the relevant agreement.

The landlord may cancel the agreement with 20 business days' notice as well, but needs

to prove

(i) “material failure” by the tenant to comply with the provisions of the agreement;

and

(ii) that the tenant was asked to remedy the breach but failed to do so

Notice must be given to the tenant of the imminent expiry of the agreement – i.e., not

more than 80 business days and not less than 40 business days before expiry of the lease,

the tenant must be advised of the fact that the lease will expire.

In addition, upon expiry the lease agreements will automatically renew on a month-to-

month basis, subject only to any material changes in respect of which the supplier has

given notice. The Act provides that a month-to-month renewal will be effective upon

expiry unless the tenant expressly directs the landlord to terminate the agreement on the

expiry date or agrees to a renewal for a further fixed term. (It is suggested that landlords

incorporate terms in lease agreements providing for immediate termination upon expiry,

to avoid confusion at the termination of the lease.)

The landlord may impose a reasonable cancellation penalty "in contemplation of the,

agreement enduring for its intended fixed term." Whilst the draft regulations indicated that

such cancellation penalty may not exceed 10% of the value of the consideration that the

consumer would have paid had the contract run its course – this provision was excluded

from the final regulations. Reg 5(2) now provides that a penalty may not exceed a

reasonable amount taking into account various factors listed in the regulation such as

(a) the amount that was still owing under the remainder of the period;

(b) the value of the transaction up until cancellation;

(c) the duration initially agreed upon;

(d) the length of notice of the cancellation;

(e) the potential for the landlord to find another tenant; and

(f) the general practice relevant to the industry.

The penalty may not have the effect of negating the consumer‟s right to cancel. (The

common law duty to mitigate damages will also still apply and a fixed term agreement

may no longer provide the same level of certainty for landlords, who may be left out-of-

pocket and without adequate remedy where they cannot find replacement tenants to

take over the lease after the cancellation.)

The CPA does not have retrospective working and therefore section 14 will only apply to

lease agreements entered into AFTER the commencement of the Act, i.e. 01 April 2011.

However, the provisions regarding

(i) cancellation and

(ii) renewal will have some retrospective effect. Schedule 2, clause 3 (b) of the Act

provides that the cancellation and renewal provisions will apply to leases

entered into before the effective date of the Act, IF the lease period in that

agreement expires or comes up for renewal on or after 01 April 2013.

Rental Housing Tribunals

The Act provides for the establishment of Rental Housing Tribunals in all the provinces. The

Act gives the Tribunals the powers to make rulings that are the same as the ruling of a

magistrate's court. The service they provide is free. To be clear on what your rights and

obligations are, refer to the Unfair Practices Regulations. These deal with:

Changing of locks

Deposits

Damage to property

Demolitions and conversions

Forced entry and obstruction of entry

House rules

Intimidation

Issuing of receipts

Tenants committees

Municipal services

Nuisances

Maintenance

Reconstruction and refurbishments

Example

A tribunal can order a landlord to reduce the rent if a building is not being maintained

properly.

An important change brought about by the Rental Housing Amendment (RHA) Act, 2007

is the expansion of the powers of the Residential Housing Tribunal.

Tribunal Powers

Spoliation orders:

This prevents a landlord or tenant from taking the law into their own hands by seizing

goods. A spoliation order restores the property to the owner while waiting for a full

hearing on the matter.

For example: A landlord claims that a tenant owes him back-rent and removes a fridge

(which came with the house as part of the lease) that the tenant needs. The tenant can

lodge a complaint with the Tribunal which can now make a Spoliation order forcing the

landlord to return the fridge.

Interdictions:

These are orders which would prevent a landlord or tenant from continuing with a certain

action or require either party to undertake a particular action. The complaining party

alleges that such an action, or the lack of an action, is an Unfair Practice.

Example A: A tenant allows rubbish to gather around the property and does not respond

to requests to remove it. The landlord can apply for an interdiction obliging the tenant to

remove the rubbish and to keep the property clean in future.

Example B: The landlord makes frequent unwelcome visits to the rented house and the

tenant feels harassed. The tenant can approach the Tribunal for an interdiction against

the landlord obliging him to respect the tenant‟s privacy.

Attachment orders:

A landlord would usually try and get an attachment order for the tenant‟s property once

the Tribunal has determined that back rent owing to the landlord has not been paid and

following an interdiction against the tenant.

Spoliation orders would generally be sought by the tenant against the landlord.

Interdictions, however, are likely to be sought by either a landlord or tenant in various

situations where one party is alleging that the other is committing an unfair practice.

Attachment orders would usually be sought by a landlord against a tenant.

Making a complaint to the Rental Housing Tribunal

Complaints must be lodged on the prescribed complaint form which you can get

from the Tribunal.

A case file will be opened and a reference number allocated.

The Tribunal will conduct a preliminary investigation to determine whether the

complaint relates to a dispute over which they have authority.

An inspector may inspect the property and draw up a report if necessary.

The Tribunal must, within 30 days of receiving the complaint, decide whether the

complaint relates to a dispute over which they have authority.

If they don‟t have authority, they must notify the complainant in writing.

If they do have authority, they must try to resolve the matter with informal or formal

mediation.

If the parties are unable to reach an agreement, the case will be referred for a

ruling at a formal hearing.

Who can lodge a complaint?

Any tenant or landlord or group of tenants or landlords or interest group can lodge a

complaint to the tribunal.

What happens if parties do not follow the ruling of the Tribunal?

A ruling by the Tribunal is like an order of a magistrate‟s court and must be enforced in

exactly the same way. People can be fined or sent to prison for up to two years if they do

the following:

fail to attend a hearing without good cause

refuse to be sworn in

refuse to produce any document or object in his or her possession

try to deceive the Tribunal

make false statements

go against (contravene)any regulation or refuse to obey an order of the Tribunal.

Prevention of Illegal Eviction

There is no longer a common law right for an owner to evict someone from his or her

property. The Supreme Court of Appeal has determined that defaulting tenants, in other

words, tenants who have not paid their rent, must be treated in exactly the same way as

all other illegal occupiers.

This means that the owner or landlord must follow the provisions of the Prevention of Illegal

Eviction from and Unlawful Occupation of Land Act (PIE) (except in areas where ESTA

operates) if they want to evict a tenant. Defaulting tenants are entitled to the same types

of procedural protection before they are evicted, such as notice of the intention to evict

as well as (at least) 14 days notice of the court hearing. This notice must also be sent to

the municipality. The court will assess whether the person is an unlawful occupier and

whether the owner has reasonable grounds to evict them. In its decision, the Court will

take into account whether there is alternative accommodation available.

The Rental Housing Tribunal does NOT have the authority to hear eviction cases, a

landlord cannot, therefore, begin an eviction proceeding at the Tribunal. This can only be

done in an ordinary court of law.

Evicting a tenant without a court order (for example, changing the locks when the tenant

is out) is now a criminal offence and the landlord could face a prison sentence. It is also

an offence for the landlord to cut off water or electricity without a court order, sometimes

called a “constructive eviction.”

Trespassing

Trespassers are people who go onto someone else's land, without permission from the

owner or the lawful occupier. The Trespass Act gives the police the right to arrest a

trespasser. If the court finds you guilty, you can get a fine or a jail sentence. In this way the

owner can get you arrested if you are on their land illegally. An owner cannot use the

Trespass Act as a way of getting people evicted from their homes – this must go through

the PIE Act.

Eviction and the Common Law

Mainly applies in

The Law of Tenancy

Sales in Execution

Sales of Immovable Property

Occupation of land by squatters „ „

Eviction regulated by:

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act No. 19 of

1998 (PIE ).

The Constitution which has impacted on the common law.

Evictions by persons other than the owner

Persons having a possessory right, or joint lessee‟s spouse.

A lessee or lessor.

Trustee, Curator or Executor. „ „

Occupier’s common defences to eviction

A better right than the owner has been dispossessed of occupation

A lease

Huur gaat voor koop

A loan for use

Prescription

The effect of the Constitution

Section 26(3)

No-one may be evicted from their home or have their home demolished without an order

of Court.

The Impact of the Constitution on Residential Evictions

All evictions from residential properties now have to be dealt with in terms of PIE which has

stringent procedural requirements.

THE PREVENTION OF ILLEGAL EVICTION FROM AND UNLAWFUL OCCUPATION OF LAND ACT

NO. 19 OF 1998

(hereinafter referred to as “PIE ”)

PIE is the Act by which all unlawful occupiers and/ or tenants are evicted.

The Land

PIE applies in respect of all land throughout the Republic of South Africa and includes any

building or structure on the land. The definition of a building or structure includes any hut,

shack, tent or similar structure or any other form of temporary or permanent dwelling or

shelter.

PIE does not apply to:

Commercial property

Commercial leases.

Structures that do not form the function of a dwelling - however once occupied as

a residence, the Act becomes applicable.

Juristic persons as lessees (except if the land is used as a dwelling)

Holiday Houses

Who is an unlawful occupier?

“A person who occupies land without the express or tacit consent of the owner or person

in charge or without any other right in law to occupy such land”

Persons who can fall under the definition of unlawful occupiers are:

Tenants

Defaulting mortgagors

Spouses

Land invaders or squatters

Other lawful occupiers

The requirements of Section 4(2) - Notice „ „

Notice of proceedings must state that the proceedings are being instituted in terms

of Section 4(1) for an order of eviction of the unlawful occupier.

Must indicate on what date and at what time the court will hear the proceedings.

Must set out the grounds for the proposed eviction

State that the unlawful occupier is entitled to appear before the Court to defend

the case and has the right to apply for legal aid.

Clearly advise whether the application is brought by the applicant as owner of the

property or otherwise.

Procedural requirements in the Magistrate’s Court:

Urgent application under PIE (Section 5 only) in the following circumstances:

Real and imminent danger of substantial injury or damage to any person or

property, if the unlawful occupier is not forthwith evicted from the land;

Likely hardship to the owner or affected person if order for eviction is not granted

exceeds the likely hardship to the unlawful occupier against whom the order is

sought;

There are no other effective remedies available.

Section 5 of PIE does not make provision for occupiers to be reinstated if the

eviction order is not confirmed on the return date.

Granting of the Order: Relevant circumstances

(Sections 4(6) and 4(7)

The Act distinguishes between occupation for less and more than (six) months, which

period runs from the date when the occupation became unlawful.

Less than 6 (six) months:

the rights and needs of elderly, children and disabled persons and households

headed by women. „ „

More than 6 (six) months:

the rights and needs of elderly, children and disabled persons and households

headed by women.

the age, gender and relationship of the unlawful occupiers;

their financial position, source of income and income and expense statements;

full particulars of their assets and liabilities;

their health situation and disabilities pertaining to their ability to relocate;

availability of alternative accommodation;

the date on which they unlawfully occupied the property in question and all the

surrounding facts regarding the manner and the period of occupation;

any other facts.

DETERMINATION OF THE DATE OF EVICTION

If the Court is satisfied that all the requirements of Section 4 have been complied with.

No valid defence has been raised by the unlawful occupier it must grant an order of

eviction. „ „

Court must determine a just and equitable date on which the unlawful occupier must

vacate the land and date which the order may be carried out if the land is not vacated

by the said date.

EAAB Code of Conduct

The Estate Agency Affairs Board is a statutory body which, amongst other things, regulates

the behavior of Estate Agents. The principles embodied in the Board's Code of Conduct

are aimed at protecting the public and Estate Agents alike.

The Code of Conduct explains an Estate Agent's general duty to the public. In terms of

the Code an Estate Agent must protect you, the client's interests at all times and an agent

is not allowed to act in such a way that the integrity of the industry is compromised. He

must act with the level of expertise and care that can reasonably be expected of him.

General Duty to Protect the Public Interest

An estate agent must protect the public interest at all times

Accepting a mandate

An estate agent is not allowed to offer a property for sale or facilitate the sale thereof

unless he or she has been given an express mandate to do so by the seller of the property

or the seller's agent. The same principle applies when a property is being rented. Likewise,

an agent is not allowed to offer to purchase or rent a property if he was not authorized to

do so by the buyer or lessee. A sole mandate may only be accepted if all the terms

thereof are in writing and have been signed by the client and the expiry date is

specifically noted in the document. This also applies when the term of a sole mandate is

extended.

There are some mandates that an estate agent is not at all at liberty to accept. In

principle he may not accept a sole mandate which gives him the option to extend the

mandate after it has expired or to continue rendering the same services that he had in

terms of the mandate after it had expired. There are exceptions to this rule: a clause

permitting this may be included if the clients stipulates as much in a document that is

executed separately from the mandate. The document must contain reasons for the

inclusion of such a provision and must be signed by both the client as well as the estate

agent.

He may not accept a mandate if it confers upon him power of attorney to act on behalf

of the person conferring the mandate unless it is clear from the document that this was

the intention and such intention is explained in the document. He may not accept a

mandate if his interest therein compete with his obligations towards an existing client

without disclosing this information to the first client.

Duty to disclose

An estate agent must give all facts relevant to the property or facts that would be

considered relevant that fall within his knowledge and that is material to the purchaser or

lessee. If he is conducting his business in terms of a franchise this must be disclosed clearly

and unambiguously.

An agent may not in his capacity as agent, publish an ad which could create the

impression that it was published by the owner/sellor/lessor. He may not prepare a false

statement or assist another in preparing one. He may not claim to be an expert or have

specialized knowledge in respect of any estate agency service if in fact he is not such an

expert or does not have such specialized knowledge.

He may not wilfully or negligently mislead or misrepresent in regard to any matter

pertaining to the immovable property in respect of which he has a mandate. He may not

use any harmful or misleading marketing technique or method to influence any person to

confer upon him a mandate to render any estate agency service or to sell, purchase, let

or hires immovable property having regard to the general experience which such person

has concerning property transactions and the circumstances surrounding the transaction

or proposed transaction.

Duty not to make misrepresentation or false statements or to use harmful marketing

techniques

Self explanatory

Duties in respect of offers and contracts

No agent who has a mandate to sell shall wilfully fail to present or cause to be presented

to the seller concerned, any offer to purchase received prior to the conclusion of a

contract of sale in respect of such property unless the seller had instructed him specifically

not to present such offer.

May not present competing offers to purchase the property in such a manner as to

induce the seller to accept any particular offer without regard to the advantages and

disadvantages of each offer to the seller.

Must explain to every prospective party to any written offer or contract negotiated or

procured by him in his capacity as an estate agent prior to signature thereof by such

party the meaning and consequences of the material provisions of such offer or contract

or if he is unable to do so refer such party to a person who can do so

Must without delay furnish every party with a copy of the agreement of sale.

Prohibition against undue influence

No agent may without good and sufficient cause directly or indirectly in any manner

whatsoever solicit encourage persuade or influence any party or potential party to a

pending or a completed transaction to utilize or refrain from utilizing the services of any

particular attorney or firm of attorneys; the services or financial assistance offered by any

financial institution to members of the public in general or the financial assistance offered

to such party by any person.

Remuneration

Trust Money and Interest

Confidentiality