Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town branch of STBB. She is an admitted Attorney, Notary Public, Conveyancer and Insolvency Practitioner with many years of experience in the fields of property law, conveyancing and the laws relating to corporate compliance (especially in respect of the FICA and POPIA laws). Up until 2018 she was also head of the firm’s national marketing portfolio. She is a seasoned public speaker and presenter, both in person and online. She prepares text for the majority of STBB’s internal and external publications and is editor and co-writer for two pivotal publications in the South African real estate industry – the ABC of Conveyancing (JUTA) and Delport’s South African Property Law and Practice (JUTA).

Property Law Update | Cancelling a lease: The devil is in the detail, every time

Acire Property Holdings (Pty) Ltd v Banzi Trade 31 (Pty) Ltd t/a Brick-It (7889/2021) [2021] ZAGPPHC 542 (25 August 2021)

To the naked eye, the following would probably appear to constitute a proper cancellation of a month-to month lease: “ … hereby give you notice of termination of the lease agreement with immediate effect. Without derogating from the fact that the lease agreement is a month-to-month lease and whilst we reserve all of our client’s rights in that regard, our client has decided to afford you until … to vacate its property.” But, for good reason, the court held that it is not and the judgment summary below explains why. Take note that it is best to ask an attorney to assist you when you need to cancel an agreement, as the law has strict requirements in this regard, which have developed over years to ensure that both parties’ interest are considered.

Summary of the Judgment

The Judgment

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