Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town offices of STBB. She is an admitted Attorney, Notary Public and Conveyancer with many years of experience in the field of property law and conveyancing. She is also the firm's Marketing Director and attends to external publications for the firm as well as conducts ongoing training for estate agent and bankers training and is a regular seminar presenter for attorneys and property practitioners.

Property Law Update | Issue 06 – 2018

THE CPA AND LEASES: MUST NOTICE TO REMEDY BREACH MENTION THE 20 DAY PERIOD IN WHICH TO DO SO?

Transcend Residential Property Fund Limited v Mati and Others (14639/2017) [2018] ZAWCHC 40 (20 March 2018)

This matter dealt with exactly this question and held firstly, that a co-occupant is a ‘consumer’ and could invoke the provisions of the Consumer Protection Act (CPA). The landlord had sent a notice to the tenant after he had breached the terms of the agreement by failing to make prompt payment of the rental. The landlord’s subsequent letter of demand granted the tenant 7 days in which to rectify the breach. When the breach was not remedied, the landlord cancelled the lease, exactly 20 business days after hand-delivering the letter of demand. The question then arose whether this constituted compliance with the provisions of the CPA, which requires of a landlord to afford a tenant 20 days within which to remedy a breach, before a lease may validly be cancelled. The court answered in the affirmative.

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The Judgment
Summary of the Judgment

STBB’s STSMA REFERENCE GUIDE

In this, the forty-eighth set of notes for your STSMA Reference Guide, Prescribed Management Rule 27 is discussed.

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Prescribed Management Rule 27
(N.B. Print in landscape)