by VDT Attorneys | May 2, 2024 | Lardlord, Lease, Services, Tenancy
A lease agreement can be defined as a reciprocal agreement between a lessor/landlord and lessee/tenant in terms of which the landlord agrees to give the tenant temporary use and enjoyment of the property in exchange for payment of rent by the tenant. This means both...
by VDT Attorneys | Apr 11, 2019 | Contract, Insolvency, Lease, Property
Generally rental agreements will contain a clause that stipulates that the lease agreement will terminate upon the insolvency of the tenant. However, such provisions may not provide the necessary protection if the provisions of the Insolvency Act 24 of 1936 are not...
by VDT Attorneys | Mar 11, 2019 | Business, Commercial, Company, Lease, Property
Whether you can force the tenant to continue trading all depends on the terms of your lease agreement. In the case of Edcon Limited v Bay West City (Pty) Ltd, a landlord sought to force the lessee to continue trading after the latter gave notice that it would close...
by VDT Attorneys | Oct 4, 2018 | Contract, Lease, Property, Rent
Lease agreements don’t generally terminate on the death of the landlord. The appointed executor of the estate of the deceased will take over the administration of the estate and transfer the residue of the estate, after paying out legatees, to the heirs. The rights...
by VDT Attorneys | Mar 8, 2018 | Lease, Property, Rent, Sectional Title
Short term holiday letting has become quite fashionable, with increasing numbers of websites enabling an owner to easily rent out his property for holiday accommodation. Where the property to be rented falls within a sectional title scheme, the unit is subject to the...
by VDT Attorneys | Feb 7, 2018 | Contract, Eviction, Lease, Property
In a recent eviction case involving a commercial lease agreement, a landlord applied to the court to evict a tenant that had failed to pay its monthly rental on time. The High Court held that the landlord was entitled to cancel the lease agreement, but the court...