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Landlord & Tenant

SA Property Review Article on Lease Agreements with Ben Groot

In April, SAPOA held a series of webinars on lease agreements, with Ben Groot, Director at GVS Law, as the convener. “With the global pandemic impacting many industries in South Africa, and the country’s resulting lockdown, many tenants are finding it difficult to trade, and are consequently seeking relief from their landlords.”   Read the

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The importance of Deeds of Suretyship for purposes of Risk Management

18 Junie 2021 The recent spate of large companies being placed under business rescue, of which CNA is the latest, has again highlighted the fact that no company can be deemed too large to fail or suffer financial difficulties. This has brought the question of mitigation of risk to the fore. In light thereof, we have decided to write this blog post to highlight the importance of deeds of...

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EXCLUSIVITY CLAUSES IN LEASES – QUO VADIS?

It has been common knowledge in the South African property industry the past number of years that the Competition Commission has been investigating the issues surrounding exclusive longterm leases concluded between landlords of shopping centres and the grocery retailers. The Commission’s terms of reference were gazetted in October 2015, and its preliminary report was published

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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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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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Landlord’s Rights against Companies in Business Rescue

Restructuring of companies in financial distress is on the increase. Chapter 6 of the new Companies Act, No. 71 of 2008 (the Act) introduce business rescue to the South African business playfield. Section 133 of the Act provides for a moratorium on legal proceedings and enforcement action against a company undergoing business rescue, save where

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