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There is no lease if the lease period is undecided, undetermined or indefinite. In other words, a lease does not exist if the period is without limit or restriction of time. According to South African common law, a lease period is definite: daily, weekly, monthly, yearly (periodic leases) or for a specified fixed period such as 6 months, 1 year or 15 years. The references in case law to an ‘indefinite’ lease as part of our law should be clarified that the lease is not a fixed lease but one that subsists on a periodic basis.
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