Tag archives: Lease

A forfeiture clause providing for summary cancellation of lease agreement on breach is not unfair under the CPA

By Siyabonga Mathe on December 17, 2020 Posted in General

A forfeiture clause, entitling the lessor to cancel the agreement, without notice to the lessee, in the event of breach by lessee is not void for unfairness in terms of the Consumer Protection Act 2008. The CPA should not be construed to invest the court with the power to refuse to enforce contractual terms on … Continue reading

No lease renewal unless the rent is fixed by the parties or a third party

By Patrick Bracher (ZA) on July 21, 2020 Posted in General

An option to renew a lease at a rental to be agreed between landlord and tenant, failing which to be determined by a third party, was not validly renewed by the lessee offering an increased rent that was unacceptable to the landlord and then not invoking the process for third party determination. The tenant gave … Continue reading

Meaning of the word ‘acquire’ and other interpretation issues

By Patrick Bracher (ZA) on July 3, 2019 Posted in General

A building contractor sought to argue that the word ‘acquire’ in the Housing Consumers Protection Measures Act 1998 meant ‘buying or obtaining ownership’. The court held that the primary meaning of ‘acquire’ is ‘come to possess something’. The suggestion that persons who have rented their places of permanent residence have not ‘acquired a home’ as … Continue reading

Renewal of a right of pre-emption on extension of a lease

By Julia Randles on August 14, 2017 Posted in General

Where the period of a lease agreement is extended, the terms of that agreement will apply during the extended period unless the context or the parties’ intention indicates otherwise. Where parties to a lease simply say that they want to extend the lease period and stipulate nothing else, then the provisions relating not only to … Continue reading