Law of Landlord and Tenant

The law of landlord and tenant regulates the relationship between the parties to a lease of immovable property. This area of the law has, save for certain residential aspects, not yet been codified (taken up in statute) and is therefore regulated mostly by the Roman-Dutch law, as influenced by our current constitutional dispensation. We advise on all aspects of this area of the law, being residential, commercial, industrial and retail. We regularly advise on the drafting of the various lease agreements and their annexures, specific clauses, and amendments thereof as circumstances require. We have also advised on lease agreements for other jurisdictions, i.e. Ghana, Namibia and Zambia. We render the whole spectrum of litigation services pertaining to leases, from collection of arrear rentals and other charges due, to eviction of defaulting tenants where necessary. We also regularly litigate on specific performance of lease obligations, such as enforcing trading hours. Ben Groot has been appointed to author an updated and revised third edition of the classic South African textbook Landlord and Tenant by W.E. Cooper, published by JUTA. It is envisaged that the book will be published during 2026.

Commercial Arbitration

Arbitration is an alternative to litigation, where the parties agree to appoint a specific person, or have a person nominated by an independent third party such as a law society, to adjudicate the dispute between them. The main benefit of arbitration above litigation is that it is a much more speedy way to resolve disputes. Typically, matters can be finalised within a few months. The main disadvantage is the costs, as the parties now also pay the arbitrator, transcription costs, and perhaps a venue fee. We are able sit as arbitrator in commercial disputes, at a reasonable tariff. Ben successfully completed the AFSA Commercial Arbitrations Course in August 2015, and was subsequently appointed to the AFSA Panel of Commercial Arbitrations. He is also an approved arbitrator on the panels of the Western Cape Provincial Council of the Legal Practice Council, and the Law Society of South Africa, and has been practicing as an attorney for more than 15 years. Where an agreement between parties provides for referral of such dispute to arbitration by an attorney, we would be able to assist. We can, of course, also assist a party when their matter has been referred to arbitration, and have dealt with a number of arbitrations.

Conveyancing

Conveyancing is the formal transfer of immovable property from a seller to a purchaser. We render conveyancing services on residential and commercial buildings.

A Reputation for Excellence

A Reputation for Excellence

Correspondent Attorney Services

In terms of the Magistrate’s Courts Rules, a party litigating in any court is to provide a service address within 15km from the courthouse. Our Western Cape offices are located within this area for the magistrate’s courts of Bellville, Kuilsriver and Goodwood. Our Pretoria office is situated within the area of both the Pretoria Magistrate’s Court and the main division of the High Court in Pretoria. We therefore offer correspondent services for firms outside these areas, to attend to service and filing of court documents and attending to court appearances.

Drafting Agreements

We regularly assist with the drafting of general commercial agreements, as well as lease agreements. Our experienced attorneys can assist with amendments to your existing agreements, and, where necessary, litigate should disputes arise from any of your agreements.

  • General Commercial Agreements such as:
    • purchase and sale,
    • shareholders’ agreements,
    • sale of shareholding, and the like.
  • Lease Agreements such as:
    • commercial lease agreements
    • non-CPA and CPA lease agreements
    • “green” lease agreements
  • Cession agreements
  • Exhibition agreements
  • Mandate to re-let
  • Offer to lease
  • Monthly lease agreements
  • Residential lease agreements
  • Deed of suretyship

 

Aspects relating to ownership of commercial property

We not only litigate in order to collect arrear rentals due or to secure evictions, but we also actively advise on all aspects relating to commercial property ownership, from servitudes and notarial bonds, to property rates, municipal billing problems and disputes on usage clauses.

In everything we do,
we strive to live our values

In everything we do,
we strive to live our values

Community Schemes

With our expertise we can also provide assistance to bodies corporate and home owners associations with the following:

  • drafting constitutions and/or amendments thereto
  • drafting conduct rules and/or amendments thereto
  • drafting collection of arrear levies, penalties and the like
  • submissions to CSOS

 

Committed to providing legal advice within the commercial property sphere that is solution-driven.

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