Use And Enjoyment Of Premises Threatened: Tenant Walks Off

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Herr v Innomet (Pty) Ltd Limited (394/2015) [2016] ZASCA 82 (31 May 2016)

With large scale renovation looming for a Clifton sectional title unit, would the tenant in the unit just above have grounds to terminate the lease because his use and enjoyment of the unit for the remainder of the lease period was disrupted? This is the scenario that was presented to the Supreme Court of Appeal for adjudication in this matter. The judgment is an interesting read and illustrates the duties of a landlord in such cases.

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Property Rentals & Management

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Property rentals are generally regarded as the ‘poor relation’ to property sales. During the times that sales are active, agents take little notice of rentals, undertaking them as a favour for certain clients mostly because they do not generate the kind of commissions that sales do. However, during times such as we are experiencing currently, suddenly those very agents are realising that if they do not look after their rental portfolios they may have to live without any commissions for a long period!

I have always advocated strong sales and rental divisions add up to a well balanced property business because, efficiently managed, the one compliments the other. As a result of the boom in property sales in past years the concentration had been on training good sales agents and once again, rental agents had been neglected. 

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