Tag: lease agreement

The Department of Trade, Industry and Competition published draft vertical restraint regulations for comment along with a memorandum to provide context in respect of the draft regulations. These regulations relate to the prohibition on restrictive vertical practices as set out in section 5 of the Competition Act, 89 of 1998 and attempt to provide a framework on how the Competition Commission should approach practices which are potentially prohibited in terms of section 5 of the Act.

The lease stands as the cornerstone of occupier-landlord relationships in commercial real estate. Yet beneath the surface of these meticulously drafted documents lies a complex web of financial obligations and legal stipulations that can easily become tangled. The more leases an organisation has, the higher the risk of costly trip-ups.

Investing in real estate has long been considered a reliable investment strategy, especially during challenging economic times because, unlike stocks and bonds, property is a tangible asset which offers unique advantages that can accelerate wealth accumulation over time.

The applicant was the registered owner of commercial property. On 04 November 2021, the owner of commercial property cancelled the lease agreement and later changed the locks on the premises after placing the lessee on terms for arrear rentals.

The Supreme Court of Appeal has reaffirmed that if a written contract provides that any variation of its terms must be in writing, any purported variation by the parties which is not in writing will be void. Trying to get around the non-variation clause by relying on estoppel was not successful.

Property technology (commonly known as proptech) is on the rise globally. The escalating significance of proptech within the industry is underscored by its staggering projected market value - poised to reach $86.5 billion by 2032.

For most landlords, tenant evictions are a last resort, due to the substantial expense, lengthy time and emotionally taxing nature of this complex process. However, with the Q2 2023 PayProp Rental Index revealing that the number of tenants in arrears has risen to an alarming 18.4% - the highest figure recorded since 2021 - many have found themselves with no choice but to seek legal recourse.

There have been numerous complaints in recent years from both landlords and neighbours that tenants are smoking cannabis in their rental property. When neighbours start to complain, landlords are often caught in the middle. Is there really anything they can do to resolve the situation?

Property subletting is becoming popular in South Africa, largely because of aggressive interest rate increases and the high cost of living. Many people look for subtenants to help them pay their rent, while others seek to sublet if they’re moving elsewhere and can’t get out of their current lease.

A recent Cape High court judgment contains some useful guidance for insurers in adjusting COVID-19 business interruption claims involving recovery or remission of rental.