UPDATE : HOW TO CANCEL A RESIDENTIAL LEASE

INTRODUCTION This is an update to the article published under the same title in 2015 by Renand Pretorius and Chantelle Gladwin-Wood with a renewed emphasis (by Anja van Wijk of Schindlers) on how the provisions of the Consumer Protection Act affect the issue.  There are a number of different laws that impact residential lease agreements.
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The Impossible Triangle: Landlord v Tenant Municipal Charges

Introduction This article deals with liability for incorrectly billed municipal charges where a tenant does not have its own municipal account, and the charges for services consumed by the tenant at the rental property are billed to the landlord, who then passes them on to the tenant.The Impossible Triangle Let’s consider an example where the
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Ritz Plaza (Proprietary) Limited v Ritz Hotel Management Company (Proprietary) Limited (20753/17) [2018] ZAWCHC 60; [2018] 3 All SA 583 (WCC) (28 May 2018)

BACKGROUND On 11 October 2016, the applicant company (“the lessor”) concluded a written lease agreement (“the lease”) with the respondent (“the lessee”) in terms whereof the hotel and the property on which it is located were leased to it for a period of 20 years. By the end of 2016, the lessee began defaulting on
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Makah v Magic Vending (Pty) Ltd; Ngolo v Magic Vending (Pty) Ltd (A325/2016; A326/2016) [2017] ZAWCHC 142; 2018 (3) SA 241 (WCC) (16 May 2017)

SUMMARY This appeal concerned the consolidated appeals against two eviction applications. The Respondent, Magic Vending (Pty) Ltd applied for the eviction of the Appellants from their respective units. The court a quo granted the eviction of the Appellants, on the ground that they had failed to make payment of rental amounts to the Respondent. On
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