The initial duration of the rental and its renewal, the use of the premises, the violation, evacuation, maintenance, insurance, etc., the duration of the contract, may be freely agreed between the parties. One-year leasing is common, but leasing contracts are often longer or shorter. Customary law is strictly applied as the basis for the interpretation of the agreement between the parties, which can be made orally or in writing. Our courts will not get involved lightly if the terms of a lease are clear, not against morals (against good moral standards) or against public order. Until 1990/1991, the relationship between the lessor and the tenant was more or less governed by the Rent Regulation No 13/1977, which provided, inter alia, for the creation of rental councils. These strictly regulated the relationship between the landlord and the tenant and were empowered to investigate any complaint and consider any request for rent increase/reduction by a landlord or tenant who had the choice of being represented by a lawyer, lawyer or other representative. The regulation applied to all leases, whether commercial premises or dwellings. All the terms of the rental contracts can be freely negotiated between the parties. Matters such as the first rental, including the increase during the term of the rental, may be freely consented to by the parties. The payment of advance payments may be freely granted. One-month rent deposits are common.
However, the by-law provides in section 35 that the by-law provides, in section 35 of the by-law, that its provisions do not apply to dwellings situated in an area for which no tenancy committee has been established. After 1990/1991, all rental boards ceased to function. As a result, the rent regulation has lost its artillery (i.e. the Rent Boards) and now has very little firepower. The regulation still exists, but only applies to commercial premises. The Common Law, which allows full contractual freedom, is the basis of the relationship between landlords and tenants. 4 Payment of the expected rent must be made on or before the day of each calendar month without exchange and without deduction directly to the landlord or other place, which the lessor may communicate in writing to the tenant. The monthly rent increases each year at the formal inflation rate of the Republic of Namibia for the previous year. 4 USE OF PREMISES The premises may only be used for residential purposes and may be occupied by the tenant and/or his legal residents and a single domestic worker, with dependants and agents not exceeding 4 persons permanently resident there. . . .