Trustees for the time being of the Bymyam Trust v Butcher Shop and Grill CC (11877/2020)  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.