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What rights does a lessee have? Do visitors to the property have any rights?

The lessee (tenant), their household and their visitors have certain rights under law. These rights include the right to not have their possessions seized. However, the landlord (lessor) has a tacit hypothec over the movable assets on the leased premises. Tacit hypothec can be exercised in instances where, for example, rent has not been paid.

The tacit hypothec gives the landlord the right to attach or remove the lessee’s movable property from the premises. It acts as a remedy for the landlord when rent is outstanding.

However, the assets brought onto the premises by a visitor are usually for use by the visitor and not the lessee, and are therefore not subject to the hypothec.


Simon Dippenaar | SD Law Cape Town

Cape Town attorney Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa. He is the founder and director of private legal practice, Simon Dippenaar & Associates, with offices in Cape Town and Gauteng representing South African and international clients.

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