Both an ingoing and an
outgoing inspection are a legal requirement in terms of the Rental Housing Act
50 of 1999 (“RHA”) and hence the importance of this clause. The purpose of the
inspection is obviously to ascertain the existence of any defects, and it should
be noted that a general viewing by the Tenant of the Premises does not
constitute an inspection and hence the requirement in this clause that any
defects be recorded in writing and annexed to the Lease Agreement. This ensures
no ambiguity when the outgoing inspection is done. It is also a legal
requirement in terms of the RHA that the outgoing inspection be performed
within 3 (Three) days prior to the expiration of the Lease Agreement, and hence
the content of this clause. From a practical perspective, it is obviously
advisable to do the inspection as close as possible to the actual termination
date in case any further damage is caused by the Tenant prior to him or her vacating.
Watch our interesting
webinar about Property Inspections here