SOME WELCOME GUIDANCE ON THE CPA AND PRIVATE LEASES
Venter and Another v Els and Another (3639/2024) [2024] ZAWCHC 83 (18 March 2024)
The application of the Consumer Protection Act to once-off or other private leases, has caused much confusion for landlords and property practitioners since the former Act was promulgated. This judgment deals with a dispute that arose when a landlord gave notice of early termination of the lease, in terms of a clause in the agreement that made provision therefor. The tenant argued that despite their agreement, this conduct contravened the provisions of section 14 of the CPA. Not so, held the court, and clarified that one must not lose sight of the context in which the CPA finds application and that it does not, without exception, apply to a fixed term lease. It is an important judgment for anyone dealing with lease agreements.
The Judgment
Summary of the Judgment
INTERDICTING YOUR NEIGHBOUR FOR BUILDING WITHOUT APPROVED PLANS
Kleyn and Another v Boikanyo and Another (014507/2024) [2024] ZAGPPHC 187 (29 February 2024)
Property owners are often alarmed when trucks with cement and bricks arrive at their neighbour’s home and mostly want to be assured that the latter is acting in accordance with building and municipal laws. What can one do if your neighbour builds without having obtained municipal plan approval, nor bothers to cease building works after the municipality directed her to do so? The court in this matter granted the concerned neighbour an interdict to stop the ongoing building work, after they had made every effort to engage with the neighbour, without success.
