Marble Gold 156 (Pty) Ltd v Seven Days Trading 13 (Pty) Ltd (48640/2010) [2011] ZAGPJHC 63 (22 February 2011)

Marble Gold 156 (Pty) Ltd v Seven Days Trading 13 (Pty) Ltd (48640/2010) [2011] ZAGPJHC 63 (22 February 2011)

The court held that the respondent's right to occupy the premises after the expiry of the original lease depended on the successful negotiation and agreement of a new rental for the renewal period, as stipulated in Clause 47 of the lease. The respondent exercised the option to renew but failed to reach agreement on rental with the applicant, despite extensive correspondence and a clear notice to vacate in the applicant's letter of 25 July 2010. The respondent's continued occupation was not supported by any enforceable contractual right or by the common law principle of monthly tenancy, which was expressly excluded by the applicant's conduct and correspondence. The respondent's failure to...

Citation
[2011] ZAGPJHC 63
Parties
Applicant: Marble Gold 156 (Pty) Ltd; Respondent: Seven Days Trading 13 (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 February 2011
Case Number
48640/2010
Procedural Posture
Urgent Application / Application for Eviction
Outcome
Application for eviction granted.
Judges
C J Claassen
Legal Topics
Eviction, Lease Renewal, Option to Renew, Monthly Tenancy, Failure to Agree Rental
Land and Property Civil Procedure Eviction Lease Renewal Option to Renew Monthly Tenancy Failure to Agree Rental

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Marble Gold 156 (Pty) Ltd

Applicant

Seven Days Trading 13 (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application for Eviction

Legal Issues

  1. 1 Whether the respondent is entitled to remain in occupation of the premises after expiry of the original lease period.
  2. 2 Whether the exercise of the option to renew the lease created a valid and enforceable lease for the renewal period.
  3. 3 Whether the absence of agreement on rental for the renewal period entitles the applicant to evict the respondent.

Ratio Decidendi

The court held that the respondent's right to occupy the premises after the expiry of the original lease depended on the successful negotiation and agreement of a new rental for the renewal period, as stipulated in Clause 47 of the lease. The respondent exercised the option to renew but failed to reach agreement on rental with the applicant, despite extensive correspondence and a clear notice to vacate in the applicant's letter of 25 July 2010. The respondent's continued occupation was not supported by any enforceable contractual right or by the common law principle of monthly tenancy, which was expressly excluded by the applicant's conduct and correspondence. The respondent's failure to...

Court Disposition

Application for eviction granted.

Orders

  • The respondent is ordered to vacate the premises by 15 April 2011.
  • If the respondent does not vacate by 15 April 2011, the eviction order may be carried out immediately.