Centpret Properties (Pty) Ltd v Shandukane (2022/007750) [2023] ZAGPJHC 1102 (20 March 2023)

Centpret Properties (Pty) Ltd v Shandukane (2022/007750) [2023] ZAGPJHC 1102 (20 March 2023)

The respondent breached the lease agreement by failing to pay rental and was placed in mora by written notice. Although the breach notice specified a seven-day period, the respondent, as a natural person, was entitled to 20 days to cure the breach under clause 9.4. The respondent received the breach notice and acknowledged receipt, but did not cure the breach within 20 days. The applicant validly cancelled the lease, and the respondent's continued occupation did not give rise to a tacit lease, as the agreement expressly provided for continued rental charges in such circumstances. The respondent's arguments regarding disputes of fact and prescription of arrears are unfounded; the statement...

Citation
[2023] ZAGPJHC 1102
Parties
Applicant: Centpret Properties (Pty) Ltd; Respondent: Moses Shandukane
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
20 March 2023
Case Number
2022/007750
Procedural Posture
Eviction Application / Final Judgment
Outcome
Application granted: respondent to be evicted, pay arrears and costs.
Judges
A Friedman
Legal Topics
Eviction, Lease Agreement Breach, Arrear Rental, Notice Requirements, Tacit Lease, Costs in Motion Court
Land and Property Civil Procedure Eviction Lease Agreement Breach Arrear Rental Notice Requirements Tacit Lease Costs in Motion Court

Case Brief

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Parties

Centpret Properties (Pty) Ltd

Applicant

Moses Shandukane

Respondent

Procedural Posture

Eviction Application / Final Judgment

Legal Issues

  1. 1 Whether the applicant validly cancelled the lease agreement and is entitled to evict the respondent.
  2. 2 Whether the breach notice complied with the contractual requirement of 20 days' notice for a natural person.
  3. 3 Whether a tacit lease agreement arose after cancellation of the written lease.

Ratio Decidendi

The respondent breached the lease agreement by failing to pay rental and was placed in mora by written notice. Although the breach notice specified a seven-day period, the respondent, as a natural person, was entitled to 20 days to cure the breach under clause 9.4. The respondent received the breach notice and acknowledged receipt, but did not cure the breach within 20 days. The applicant validly cancelled the lease, and the respondent's continued occupation did not give rise to a tacit lease, as the agreement expressly provided for continued rental charges in such circumstances. The respondent's arguments regarding disputes of fact and prescription of arrears are unfounded; the statement...

Court Disposition

Application granted: respondent to be evicted, pay arrears and costs.

Orders

  • The respondent is evicted from Erf 1188 Marshalls Town Township, Registration Division IR, Gauteng situated at Office 0421 Marlborough House, 127 Fox Street, Johannesburg.
  • The respondent shall vacate the property within 7 days of the granting of this order, failing which the sheriff is authorised and directed to evict him.