Maryna holds the BA, LLB, LLM degrees and is a Director 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 | Remission of rent due to Covid: Remedy available for sub-tenant?

Trustees for the time being of the Bymyam Trust v Butcher Shop and Grill CC (11877/2020) [2021] ZAWCHC 240 (19 November 2021)

In our law, in specific instances, a tenant may claim remission of rental, in whole or in part, due to vis maior. However, would the lessee’s claim for a remission succeed where it has sub-let the leased premises? The tenant here relied on a 1902 judgment to argue that it was entitled to rental remission from the landlord for its sub-tenant’s losses resulting from the legislated lockdown.

The court found in the present matter that the 1902 judgment was distinguishable from the facts before it and was not authority that a lessee may withhold rental where the loss of use and enjoyment of the leased premises is that of the sub-lessee.

Summary of the Judgment

The Judgment

For the best legal advice and personalised service, let's talk
Subscribe to our montly newsletters, Subscribe