Full Sail 3 (Pty) Ltd v Tsehay Import and Export CC (4448/2021) [2022] ZAGPJHC 145 (14 March 2022)

Full Sail 3 (Pty) Ltd v Tsehay Import and Export CC (4448/2021) [2022] ZAGPJHC 145 (14 March 2022)

The court found that the respondent's occupation of the premises after the expiry of the written lease agreement constituted a monthly tenancy, which is terminable on one month's notice. The applicant validly terminated the lease by serving notice to the respondent's most recent email address. The respondent's defence of non-receipt was rejected, as no evidence was provided that the email address was incorrect. The respondent's expenditure on repairs did not exonerate it from payment of rental or continued occupation, and the terms of the expired written lease did not apply to the subsequent oral lease. The respondent failed to present a valid defence to the eviction application, and the...

Citation
[2022] ZAGPJHC 145
Parties
Applicant: Full Sail 3 (Pty) Ltd; Respondent: Tsehay Import and Export CC
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
14 March 2022
Case Number
4448/2021
Procedural Posture
Urgent Application / Eviction Application Following Termination of Lease; Opposed Motion
Outcome
Eviction application granted; respondent ordered to vacate the premises.
Judges
M A Makume
Legal Topics
Eviction, Lease Termination, Oral Lease, Notice of Termination, Unlawful Occupation
Land and Property Commercial and Corporate Eviction Lease Termination Oral Lease Notice of Termination Unlawful Occupation

Case Brief

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Parties

Full Sail 3 (Pty) Ltd

Applicant

Tsehay Import and Export CC

Respondent

Procedural Posture

Urgent Application / Eviction Application Following Termination of Lease; Opposed Motion

Legal Issues

  1. 1 Whether the respondent is unlawfully occupying the premises after expiry and non-renewal of the written lease agreement.
  2. 2 Whether the notice of termination sent by the applicant was valid and properly served.
  3. 3 Whether the respondent's expenditure on repairs to the premises exonerates it from payment of rental or continued occupation.

Ratio Decidendi

The court found that the respondent's occupation of the premises after the expiry of the written lease agreement constituted a monthly tenancy, which is terminable on one month's notice. The applicant validly terminated the lease by serving notice to the respondent's most recent email address. The respondent's defence of non-receipt was rejected, as no evidence was provided that the email address was incorrect. The respondent's expenditure on repairs did not exonerate it from payment of rental or continued occupation, and the terms of the expired written lease did not apply to the subsequent oral lease. The respondent failed to present a valid defence to the eviction application, and the...

Court Disposition

Eviction application granted; respondent ordered to vacate the premises.

Orders

  • The respondent is ordered to vacate Shop No 5 Aston Mansion, 178 Jeppe Street, Corner Van Brandi Street, Johannesburg.
  • The applicant is granted leave to apply for further relief if the respondent fails to comply with this order.