SA BRANCH: +27 (0)21 914 0513 | NAMIBIA BRANCH: +264 (0)81 143 6980
Office Hours: Mon-Thurs: 8h00 - 16h30 | Fri: 8h00 - 16h00

The importance of vetting tenants and sureties

It is a well-known fact by experienced landlords that defaulting tenants can wreak havoc. Virtually all of the problems the landlord face with its tenants, can be limited and/or eliminated through a good screening process. Getting this wrong may hold devastating consequences for a landlord. Not all tenants and their sureties are equal and for

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Business rescue proceedings and liability for sureties

When the news breaks that a potential debtor, which is being pursued via litigation, files for business rescue the first question a client ask is if recourse is still available against a surety relating to such debt that forms the basis of that claim. In terms of Chapter 6 of the Companies Act 71 of

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Landlord and tenant rights during the water crisis

The current drought and resulting water restrictions in Cape Town is causing quite the challenge for landlords and tenants alike. Section 9 of the Western Cape Practice Regulations clearly states that neither landlord nor tenant may conduct any activity that is either prohibited by the lease agreement or by law. Furthermore, the current drought is

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What constitutes fair wear and tear?

A general provision to most lease agreements, both residential and commercial, is that the lessee will be responsible for the maintenance of the interior of the leased premises in a state of good order and condition and shall return the premises to the lessor on expiration of the lease in the same state of good

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What does “repudiation of a contract” mean?

Parties to an agreement are often advised by their lawyers, when the other party has breached its contractual obligations, that that party has repudiated the contract. What, exactly, does repudiation mean, and what remedies does the innocent party have as a result of that repudiation? The case law has held that repudiation of a contract

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When is a settlement not a settlement?

It regularly happens that, when a party to a contract breaches his or her obligations under that contract, the parties first attempt to settle the matter on an amicable basis, before resorting to litigation. This is a commendable approach, as it tends to preserve the relationship, saves costs, and saves time and energy, which may

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10 Thoughts on 10 Years

This month we are very blessed and fortunate to celebrate 10 years in practice. We thought it proper to think back over the 10 years, to the work done, the relationships built, and the lessons learnt. We trust that these thoughts will be of value to clients and owners of other small businesses alike. A

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Are new alternative law firms necessarily better than traditional firms?

In the past few years more and more businesses have sprung up, offering so-called “alternative legal services”, known as “altlaw” or “nextlaw”. These firms usually market themselves as being non-traditional law firms, offering fixed legal billing with an absence of the billable hour, flexible work opportunities for their staff, and online, collaborative work leading to

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SA Branch Phone: +27 (0)21 914 0513
Namibia Branch Phone: +264 (0)81 143 6980
SA Branch: Ben Groot Attorneys Inc (2012/051739/21)
Namibia Branch: Michelle Saaiman Inc (2017/1088)