Cadentia Properties CC v B Steer 2 Route 27 (Pty) Ltd (523/2022) [2022] ZAWCHC 154 (10 June 2022)

Cadentia Properties CC v B Steer 2 Route 27 (Pty) Ltd (523/2022) [2022] ZAWCHC 154 (10 June 2022)

The Court found that the lease agreement between the applicant and respondent terminated on 30 September 2021 by effluxion of time, as evidenced by the addendum and the absence of proof from the respondent of any valid extension. The respondent's continued occupation of the property is therefore unlawful. Arguments regarding rental remission due to Covid-19 and the presence of nursery tenants were deemed irrelevant to the determination of the lease's expiry and the right to ejectment. The Court acknowledged the impact of eviction on the respondent's business and employees but held that the applicant cannot be expected to subsidize the respondent's operations indefinitely. Balancing the...

Citation
[2022] ZAWCHC 154
Parties
Applicant: Cadentia Properties CC; Respondent: B Steer 2 Route 27 (Pty) Ltd
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
10 June 2022
Case Number
523/2022
Procedural Posture
Urgent Application / Judgment on Opposed Ejectment Application
Outcome
Application granted. Lease agreement terminated on 30 September 2021. Respondent ordered to vacate the property by 10 September 2022.
Judges
B P Mantame
Legal Topics
Commercial Lease Termination, Ejectment, Arrear Rent, Extension of Lease, Remission of Rent Due to Covid, Admission of Further Affidavit
Land and Property Civil Procedure Commercial Lease Termination Ejectment Arrear Rent Extension of Lease Remission of Rent Due to Covid Admission of Further Affidavit

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Parties

Cadentia Properties CC

Applicant

B Steer 2 Route 27 (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Judgment on Opposed Ejectment Application

Legal Issues

  1. 1 Whether the lease agreement between the applicant and respondent terminated on 30 September 2021.
  2. 2 Whether the respondent is unlawfully occupying the property after the alleged termination date.
  3. 3 Whether the respondent is entitled to a further extension of the lease or remission of rent due to Covid-19.

Ratio Decidendi

The Court found that the lease agreement between the applicant and respondent terminated on 30 September 2021 by effluxion of time, as evidenced by the addendum and the absence of proof from the respondent of any valid extension. The respondent's continued occupation of the property is therefore unlawful. Arguments regarding rental remission due to Covid-19 and the presence of nursery tenants were deemed irrelevant to the determination of the lease's expiry and the right to ejectment. The Court acknowledged the impact of eviction on the respondent's business and employees but held that the applicant cannot be expected to subsidize the respondent's operations indefinitely. Balancing the...

Court Disposition

Application granted. Lease agreement terminated on 30 September 2021. Respondent ordered to vacate the property by 10 September 2022.

Orders

  • The lease agreement between the applicant and respondent terminated on 30 September 2021.
  • The respondent is ordered to vacate the property at 104 Sandown Road (Corner of R27 West Coast Road and Sandown Road), Bloubergsands, Western Cape Province by 10 September 2022.