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 | Issue 09 – 2023

24 HOURS FOR A LESSON HOW TO CANCEL A LEASE VALIDLY

Banchan (Pty) Ltd v Des Naidoo and Associates and Another (8494/2023) [2023] ZAGPJHC 563 (25 May 2023)

Often, when disputes arise in a lease or other agreement, both parties are at pains to record in detail where the other ‘guilty’ party contravened the provisions of their agreement. But, as case law has repeatedly highlighted, one must never lose sight of the weight that the breach and notice provisions in the agreement carry. This judgment is a case in point, where a notice was sent by the landlord giving the tenant 7 days to rectify the breach, failing which it would cancel the lease, as the agreement allowed. Misjudging the time with a mere 24 hours, the subsequent cancellation notice was sent prematurely, rendering the attempted cancellation unlawful.

The Judgment
Summary of the Judgment

BRIDGING FINANCE INTEREST RATE: TOO HIGH TO BE BINDING?

Beneficio Developments (Pty) Ltd v Tarentaal Centre Investments (Pty) Ltd and Another (22258/20) [2023] ZAGPPHC 324 (23 May 2023)

The judgment is an interesting read in that it illustrates that high loans in commercial transactions sometimes have extreme interest rates. Whether that fact alone allows the borrower to cry foul afterwards, is a tricky assessment. In general, the terms of the agreement speak loudest, as this judgment shows.

The Judgment
Summary of the Judgment

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