LEASE NON-COMPLIANCE: TENANT CANNOT DEMAND LANDLORD TO CANCEL RATHER THAN CLAIM COMPLIANCE
Clemlen Investments No. 10 (Pty) Ltd v Recycle Yourself (Pty) Ltd (1328/2017)  ZAECPEHC 32 (13 June 2017)
In this matter the tenant had a recycling business which meant that it received deliveries of material in large containers. The lease agreement provided that containers may be on the premises only whilst loading was in progress. The tenant contravened and, at times, left the containers on the premises even when no loading was taking place. One of the issues raised by the tenant, when faced with a claim from the landlord for an order that the recycling business comply with the lease agreement, was that the landlord should rather exercise its right to cancel the agreement. What does the law say?
STBB’S STSMA REFERENCE GUIDE
In this, the twenty-seventh set of notes for your STSMA Reference Guide, Prescribed Management Rule 6 is discussed.
Prescribed Management Rule 6
(N.B. Print in landscape)