Maryna holds the BA, LLB, LLM degrees and is an Executive Consultant 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 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)

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