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 03 – 2021

THE CPA & THE LANDLORD’S RIGHT TO CANCEL A SUBSEQUENT MONTH-TO-MONTH AGREEMENT

 

Magic Vending (Pty) Ltd v Tambwe and Others (19432/2019) [2020] ZAWCHC 175 (7 December 2020)

The Consumer Protection Act brought about much change in residential lease practice because of the consumer protection provisions that apply to fixed term agreements, such as a lease. A lease that was arranged from inception to operate on a month-to-month basis is different. The landlord may cancel the agreement on the terms agreed to with the tenant, the Act’s prescripts regarding cancellation of fixed term agreements not finding application. In addition, the Court noted that such cancellation provision in an agreement does not otherwise offend the CPA: it is neither unfair nor does it defeat the purposes of the Act.

The Judgment 
Summary of the Judgment

 

MAY MUNICIPALITIES ADD “SPLUMA CONDITIONS” BEFORE ISSUING A TRANSFER CLEARANCE?

 

Glencore (Pty) Ltd and Others v Steve Tshwete Local Municipality and Others (2607/2019) (18 January 2021)

A very itchy issue in the real estate industry at present relates to the question whether a municipality has the power to impose further conditions, in addition to the requirement to obtain a municipal rates clearance certificate, before giving its permission for transfer. The judgment deals with systems applied by certain municipalities in Mpumalanga and that deeds registry, but will influence further opposition to these so-called “SPLUMA certificates” which other municipalities country-wide seek to introduce as a prerequisite to allowing transfer.

The Judgment
Summary of the Judgment