SPOLIATION IN COMMERCIAL LEASES
Thursday, 16 January 2020
INTRODUCTION It is a settled law that if a landlord unlawfully deprives a tenant of electricity or water supply at a residential property, this constitutes spoliation, or unlawful dispossession. This unlawful dispossession can beprotected by bringing an application to a Court for an order that the supply be restored immediately. The action under which this
- Published in 2015, Spoliation
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Do month to month leases constitute fixed term leases? A brief look at the differences between the two and the law that applies to it.
Tuesday, 30 April 2019
Introduction This article looks at the differences between month to month leases and fixed term leases and the cancellation period required to cancel the agreements. We will explore the provisions of the Rental Housing Act 50 of 1999 (hereafter “RHA”) , the Consumer Protection Act 86 of 2008 (hereafter “CPA”), Common Law and the High
- Published in 2019, Consumer Protection Act, News, Rental Housing Act
Roazar CC v The Falls Supermarket (232/2017) [2017] ZASCA 166
Wednesday, 06 February 2019
SUMMARY The Appellant, Roazar CC (“Roazar”), sought an order on appeal evicting the Respondent, the Falls Supermarket CC (“The Falls”), from a shopping centre owned by Roazar at which The Falls had been conducting a business known as “The Spar”. On 2 February 2016, The Falls wrote to Roazar stating it wished to renew the
- Published in News, 2019, Constitutional Law, Contract Law
