LEASE NON-COMPLIANCE: TENANT CANNOT DEMAND LANDLORD TO CANCEL RATHER THAN CLAIM COMPLIANCE Clemlen Investments No. 10 (Pty) Ltd v Recycle Yourself (Pty) Ltd (1328/2017) [2017] ZAECPEHC 32 (13 June 2017) In this matter the tenant had a recycling business which
Read MoreWHEN NON-COMPLIANCE WITH AGREEMENT CANNOT BE HELPED Tsangarakis N.O. and Another v Kgato Project Management (Pty) Ltd and Another (1021/2017) [2017] ZAFSHC 76 (8 June 2017) We all know that agreements are binding and that parties must therefore comply with
Read MoreFARM WORKER RESIDENCE BASIC RENOVATIONS: OWNER’S CONSENT REQUIRED? Daniels v Scribante and Another (CCT50/16) [2017] ZACC 13 (11 May 2017) Dispossession of land was central to apartheid. To address this injustice partly, section 25(6) of the Constitution provides that a
Read MoreBANK’S LETTER ENOUGH FOR BOND CLAUSE FULFILMENT OR MUST QUOTATION BE PROVIDED? Phepeng and Another v Estate Late Ame Combrinck and Others (792/2017) [2017] ZAFSHC 54 (23 March 2017) Clauses making a transaction subject to a buyer’s successful loan application
Read MorePAYMENT OF FUTURE RATES FOR CLEARANCE CERTIFICATES NOT ALLOWED IN TERMS OF SYSTEMS ACT Nelson Mandela Bay Municipality v Amber Mountain Investments 3 (Pty) Ltd (576/2016) [2017] ZASCA 36 (29 March 2017) The question addressed in this judgment was whether,
Read MoreBUY-BACK CLAUSES THROWN A CURVE BALL Bondev Midrand (Pty) Ltd v Madzhie and Others (63297/15) [2016] ZAGPPHC 1097 (19 December 2016) Sale agreements in new developments often include clauses entitling the developer to claim re-transfer of the land sold, against
Read MoreThe Times They Are a-Changin’ These Bob Dylan lyrics jump to mind when one reacts to the continuous introduction of new laws or amendments to existing laws, especially in the property industry sphere. In the past three weeks we reported
Read MoreBODY CORPORATE WOES TO COLLECT LEVIES Body Corporate of Empire Gardens v Sithole (240/2016) [2017] ZASCA 28 (27 March 2017) This judgment illustrates the dilemma often faced by bodies corporate in collecting arrear levies: although it acts on behalf of
Read More