Mahanjana v Webb and Others (90024/15) [2016] ZAGPPHC 1075 (20 December 2016)

Mahanjana v Webb and Others (90024/15) [2016] ZAGPPHC 1075 (20 December 2016)

The court found that the respondent breached material terms of the lease by making unauthorised alterations and failing to pay rent without deduction or set-off, contrary to explicit provisions of the agreement. The respondent failed to prove any written or oral authorisation from the applicant to effect repairs or set off expenses, and all communications were required to be through the applicant's agent. The applicant lawfully cancelled the lease, rendering the respondent and those occupying through him unlawful occupiers. The applicant complied with the procedural requirements of PIE, serving notice more than 14 days before the hearing. The respondent's supplementary affidavit was...

Citation
[2016] ZAGPPHC 1075
Parties
Applicant: Veronica Nomlamali Mahanjana; Respondent: George Webb; Respondent: Trafalgar Property Management (Pty) Ltd; Respondent: City of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 December 2016
Case Number
90024/15
Procedural Posture
Eviction Application / Judgment
Outcome
Application for eviction granted; costs awarded to the applicant.
Judges
P.M. Mabuse
Legal Topics
Residential Lease, Unlawful Occupation, Eviction Proceedings, Pie Act Compliance, Material Breach, Set Off and Deductions
Land and Property Civil Procedure Residential Lease Unlawful Occupation Eviction Proceedings Pie Act Compliance Material Breach Set Off and Deductions

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Parties

Veronica Nomlamali Mahanjana

Applicant

George Webb

Respondent

Trafalgar Property Management (Pty) Ltd

Respondent

City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Eviction Application / Judgment

Legal Issues

  1. 1 Whether the respondent's occupation of the property is unlawful following cancellation of the lease agreement.
  2. 2 Whether the respondent was authorised to effect repairs and set off expenses against rental payments.
  3. 3 Whether the applicant complied with the procedural requirements of section 4(2) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE).

Ratio Decidendi

The court found that the respondent breached material terms of the lease by making unauthorised alterations and failing to pay rent without deduction or set-off, contrary to explicit provisions of the agreement. The respondent failed to prove any written or oral authorisation from the applicant to effect repairs or set off expenses, and all communications were required to be through the applicant's agent. The applicant lawfully cancelled the lease, rendering the respondent and those occupying through him unlawful occupiers. The applicant complied with the procedural requirements of PIE, serving notice more than 14 days before the hearing. The respondent's supplementary affidavit was...

Court Disposition

Application for eviction granted; costs awarded to the applicant.

Orders

  • The first respondent and all persons occupying the property through him are directed to vacate the property at […] Kent Road, Meyerspark, Pretoria, Gauteng Province within 30 days of this order.
  • If the first respondent and those claiming through him fail to comply, the sheriff is authorised to evict them from the premises.