It is essential that there is no ambiguity regarding the date
and manner in which Rental is to be paid by the Tenant. Section 5 of the Unfair
Practises Regulations to the Rental Housing Act 50 of 1999 (which apply to all
residential rentals) specifies that unless a Tenant is otherwise notified in
writing, Rental is payable at the dwelling on the first day of each month. This
is vague in the sense that there is no real guidance insofar as the actual
manner in which the Rental is to be paid. Is it by cheque, in cash, via EFT? It is for this reason that you will note that this clause
10 specifies that the Rental must CLEAR in the Landlord’s nominated bank
account by the 1st (First) of every month. If the word CLEAR was not
inserted, Tenants would be able to effect payment on the 1st
(First), but the funds would potentially only clear a few days later or, in the
case of payment by cheque, a few weeks later, thereby prejudicing the Landlord.