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 32 – 2017

UNPAID RENTAL – WHEN A TENANT CANNOT CLAIM SET OFF

Tudor Hotel Brasserie and Bar (Pty) Ltd v Hencetrade 15 (Pty) Ltd (793/2016) [2017] ZASCA 111 (20 September 2017)

This matter addresses issues surrounding set-off of rental where a tenant argues that it did not receive vacant occupation of the entire leased premises. The lease agreement obliged the lessee to make payment of the rental ‘on or before the first day of each month’ and ‘without any deductions or set off whatsoever’, but the tenant argued that due to the principle of reciprocity, it was entitled to set-off nonetheless. The Western Cape High Court found in favour of the landlord and the present matter deals with the appeal to the SCA.

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The Judgment
Summary of the Judgment

 

STBB’S STSMA REFERENCE GUIDE

In this, the forty-first set of notes for your STSMA Reference Guide, Prescribed Management Rule 20 is discussed.

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Prescribed Management Rule 20
(N.B. Print in landscape)