A Landlord’s guide to Vetting Tenants

Introduction The (mis)information found on the internet nowadays can make any non-paying tenant an “expert” in property law, with the unfortunate result that some invoke “squatter rights” within minutes of being threatened with legal action for the non- payment of rental. This has resulted in a situation where many tenants stay in occupation of the
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The Forgotten Requirement of the Mandament van Spolie and its practical application to Landlords and Tenants

Introduction There is a very good reason why they say that “possession is 9/10ths of the law” as the concepts of possession and ownership are entirely distinct and are treated very differently in our law.  Just because you are the owner of a thing, this does not mean that you are entitled to possession of
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The implications of the Constitutional Court decision: Jordaan and Others v City of Tshwane Metropolitan Municipality and Others

The Constitutional Court held last week that historical municipal debt (meaning municipal debt attaching to a property which is older than two years at the date of application for a rates clearance certificate) does not “survive” transfer, meaning that the purchaser or other successor in title cannot be held liable for debt by the municipality
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CRC Engineering (Pty) Ltd v J C Dunbar & Sons (Pty) Ltd 1977 (1) SA 710 (W)

SUMMARY In this matter, CRC Engineering (Pty) Ltd (“CRC Engineering”) claimed for provisional sentence against J C Dunbar & Sons (Pty) Ltd (“J C Dunbar”), based on an architect’s certificate which had allegedly been signed for or on behalf of the architect for J C Dunbar. CRC Engineering’s summons expressly called upon J C Dunbar
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Bondev Midrand (Pty) Ltd v Puling (802/2016); Bondev Midrand (Pty) Ltd v Ramokgopa (803/2016) [2017] ZASCA 141 (2 October 2017)

BACKGROUND AND FACTS The Appellant, Bondev Midrand (Pty) Ltd, developed over 4000 residential dwellings in Midstream Estate. The appeals in this matter relate to immovable property within the aforesaid estate as sold by the Appellant to Mr Ramokgopa and Mr and Mrs Puling, respectively. The two appeals relate to the transfer of property in case
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Basson and Another v Reddy and Others (11695/2017) [2018] ZAKZDHC 9 (20 April 2018))

SUMMARY The First and Second Applicants, were the owners of a property situated in Chiltern Hills, Kwazulu Natal (“the Property”). On 22 June 2016 the Applicants entered into an agreement with the First and Second Respondent (hereinafter the Respondents) for the purchase and sale of the Property. Clause 1.5 of the contract of sale required
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Mandela v Executors Estate Late Nelson Rolihlahla Mandela and Others (131/17) [2018] ZASCA 2 (19 January 2018)

BACKGROUND On 5 December 2013, Mr Nelson Rolihlahla Mandela (“Mr Mandela”) passed on and left behind a Last Will and Testament (the “Will”) in which he bequeathed his property to his Family Trust. This property was donated to Mr Mandela by the Minister of Land Affairs (the “Third Respondent”) during the time when a final
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Mobile Telephone Networks (Pty) Ltd and Another v Spilhaus Property Holdings (Pty) Ltd and Others (208/2017) [2018] ZASCA 16 (15 March 2018)

SUMMARY Erf 377 Constantia was owned by the second appellant, Alphen Farm Estate in Constantia (Pty) Ltd (Alphen). Erf 377 Constantia was then subdivided and two precincts were established, a historic precinct and a residential precinct. Alphen remains the owner of the historic precinct which is comprised of sections 1 and 2 of the sectional
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How to fix incorrect valuations/categorisations of properties “in between” property rolls

Introduction It often happens that property owners miss the deadline for objection to incorrect details on a property roll.  If municipal staff advise you that there is nothing you can do after the fact to fix the problem, they are wrong. This article describes the steps that a property owner can take to compel the
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The legalities around COJ imposing the “Illegal Use Tariff”

Introduction City of Johannesburg Metropolitan Municipality (“COJ”) has taken the view that rating categorisations and tariffs are not linked to each other, and that this accordingly entitles it to change a consumer’s tariff without changing the consumer’s corresponding rating categorization as provided for in the Local Government: Municipal Property Rates Act (“the Act”).  The procedure
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