Landlord and Tenant
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In Trustees for the Time Being of the East London Hebrew Congregation v Galperin and Others [2022] 4 All SA 224 (ECLD), continued occupation of property, despite a notice to vacate following the termination of employment.
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Situations where a family member allows another to occupy a property, without following the correct contractual and legal processes can cause massive problems in the family and for future owners of the property.
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In Davidan v Polovin NO and Others [2021] 4 All SA 37 (SCA) right of occupation and nature of necessary consent in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998.
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To avoid wasting time and money on legal fees in seeking clarity from the courts, review your commercial lease contract, as we discuss the impact of looting.
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Landlords attempting to force defaulting tenants to settle or vacate by using a bit of instant “self-help” such as cutting electricity or water supplies, or by changing locks and by disabling access codes, risk an immediate and costly “spoliation order”. Jack Crook reports.
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This week: Cross-industry survey reveals digital and remote working welcomed by property professionals; reducing the risk of property fraud; and using the spoliation remedy to protect against unlawful dispossession.
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A lenient and pragmatic approach in resolving the impasse between retail tenants and retail landlords may be a preferred, as opposed to a strict and purely contractual approach given the uncharted territory retail tenants and landlords find themselves in as a consequence of lockdown.
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Covid-19: Mediation between landlords and tenants – a critical tool now? Using mediation to resolve disputes could prove to be more efficient in the long term, and our economy might depend on it.
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Covid-19: Force Majeure – a tough time to be a landlord. If landlords can’t rely on so-called “Force Majeure” clauses in lease agreements, they could rely on the common law right of “supervening impossibility to perform”and even consider business interruption insurance cover.
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Rental payment problems caused by COVID-19 – Landlords and tenants need to consider how best to decrease their risks