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Ponte Academic Journal
Dec 2016, Volume 72, Issue 12

QUALITY OF OFFICE LEASES IN BOTSWANA

Author(s): Cloete Chris ,Masendu Lorato-Kusane

J. Ponte - Dec 2016 - Volume 72 - Issue 12
doi: 10.21506/j.ponte.2016.12.16



Abstract:
Purpose: The quality of office leases in Botswana was investigated in order to recommend improvements in the standard of office leases in Botswana. Design: The characteristics of a sample of office leases were assessed against the characteristics expected of leases by leasing and legal experts and with reference to case law in Botswana, South Africa and to a lesser extent, the United Kingdom. In addition to interviews with selected lawyers in South Africa, a total of 30 property managers out of the 120 property managers registered in Botswana, as well as 20 property lawyers out of the total of 505 lawyers registered in Botswana, were interviewed to identify the major considerations, characteristics and pitfalls in the drafting and administration of office leases. Findings: Most leases were found to be wanting in content and quality. Checklists to ensure compliance are not generally implemented and judicial precedent from counties with similar legal frameworks is not consulted before leases are drafted. Limitations: The study was confined to Botswana and confined to office leases only. Practical implications: Identification of the major shortcomings in leases will assist in improving the quality of office leases in Botswana. Value: Improved quality of leases will limit disputes between landlords and tenants.
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