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 19 – 2017

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) [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?

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The Judgment
Summary of the Judgment

STBB’S STSMA REFERENCE GUIDE

In this, the twenty-seventh set of notes for your STSMA Reference Guide, Prescribed Management Rule 6 is discussed.

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Prescribed Management Rule 6
(N.B. Print in landscape)