Where the Contract of Lease is breached in any way by the tenant and, after receiving notice thereof, has not remedied such a breach within the period agreed upon, the landlord may cancel the contract. In this instance, the tenant will be found to be an illegal occupier. Where a tenant fails to perform as agreed upon in their Lease agreement, they will be found to be in breach of that agreement. An...
L. Other Legal Information
L11. Insolvent Estates The sequestration process involves a Court Application. The Applicant in the Application is either yourself for your own sequestration (voluntary surrender) or the Applicant is one of your creditors (either a friendly or aggressive creditor). The applications are similar, and although there are some different requirements for each, the result is the same. Voluntary...
Interdicts The first thing the attorneys do when there is an interdict is to open a file and do a deeds search. From there they determine the following: Property description. Ownership information. Bonds. Attachments. What happens if there is an attachment (interdict) over the property? Need to obtain the information pertaining to the interdict – NB!!!! Make contact with the...
What is the role of the body corporate? When it comes to sectional title schemes, there is still widespread misunderstanding of even the basics, starting with the body corporate and how it is established, as well as what its functions and powers are. This misunderstanding often gives rise to many problems and disputes in sectional title schemes that could quite easily have been...
Maintenance of a sectional title scheme can appear straightforward, but the reality is that disputes arise frequently regarding maintenance issues relating to sectional title units. This is often the result of the complex relationship of close-quarter living and the shared form of ownership represented by sectional titles. Making things even more complicated is the silence of the Sectional Titles Act on...
Most people who have bought a property may have noticed a clause dealing with suspensive conditions in the contract of sale. Usually, these conditions relate to deposits that need to be paid, financing that has to be procured, and/or another property that needs to be sold before the sale can be confirmed. The interpretation appears straightforward enough – meet the requirements, and the contract is...
They are referred to by various common terms in the property industry. The official term is a deed of sale under the Alienation of Land Act 1981 (because this Act is the fundamental legislation defining terms deeds of sale), but most practitioners and the general public casually call them ‘selling on the deed of sale’. This is a bit of a misnomer because all normal cash sales and cash-and-bond sales...
Problems with Zero-Rating SARS has reviewed its approach to the payment of transfer duty or VAT on property sales. It has tightened many of its requirements, and it is important for all role-players in the industry to know what these are. All of these new restrictions apply to VAT-related sales, whether they are zero-rated or normal VAT payment transactions. SARS has issued a directive in terms of...
Over and above all the emotional and financial tension it causes in the life of a person and their family, there will be several steps that a homeowner will need to take before the problems accompanying such an experience can be resolved The homeowner needs to report the matter to the nearest police station. A case number is required by most insurance companies. Thereafter, the complaint will be...
“I found a photographer online who could take our wedding photos. We started communicating on WhatsApp, and she confirmed she was available and gave me her prices, which I confirmed looked reasonable. I never told her that I would use her and eventually found someone else. When I informed her that I would not use her, she just replied that we had an agreement and she would claim her fees from me if I did...