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 | Hard lockdown and commercial tenant-landlord obligations

Freestone Property Investment (Pty) Ltd vs Remake Consultants CC and Another (2020/29927) [2021] ZAGPJHC 150 (25 August 2021)

Hard lockdown hit commercial tenants and their landlords without discriminating between the two. The court here was asked to find that a commercial landlord’s cancellation of the lease was unlawful, the tenant arguing that due to the supervening impossibility caused by lockdown, it could not be obliged to pay rentals. But the court warned that the answer has nuances, including that during hard lockdown both parties were prevented from performing, and that a continued failure to pay rental after the lifting of hard lockdown had to be addressed separately. It is a worthwhile read for commercial landlords and tenants.

Summary of the Judgment

The Judgment

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