Quintas Properties (Pty) Ltd v Lusitania Food Products (Pty) Ltd (1140/2013) [2014] ZAKZDHC 20 (4 June 2014)

Quintas Properties (Pty) Ltd v Lusitania Food Products (Pty) Ltd (1140/2013) [2014] ZAKZDHC 20 (4 June 2014)

The court found that, although the main lease and sub-lease terminated automatically on 31 January 2013, the conduct of the parties after that date—specifically, the respondent's continued occupation and payment of the exact rental amount proposed, and the applicant's acceptance of those payments without...

Source-derived case information.

Citation
[2014] ZAKZDHC 20
Parties
Applicant: Quintas Properties (Pty) Ltd; Respondent: Lusitania Food Products (Pty) Ltd
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
4 June 2014
Case Number
1140/2013
Procedural Posture
Urgent Application / Judgment
Outcome
Application for eviction dismissed with costs.
Judges
Lopes
Legal Topics
Sub Lease Termination, Tacit Relocation, Eviction, Month to Month Lease
Land and Property Commercial and Corporate Sub Lease Termination Tacit Relocation Eviction Month to Month Lease

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Parties

Quintas Properties (Pty) Ltd

Applicant

Lusitania Food Products (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the sub-lease between the applicant and respondent terminated automatically upon termination of the main lease.
  2. 2 Whether a new month-to-month lease agreement was concluded between the parties after the expiry of the main lease.
  3. 3 Whether the respondent was entitled to remain in occupation of the premises after 31 January 2013.

Ratio Decidendi

The court found that, although the main lease and sub-lease terminated automatically on 31 January 2013, the conduct of the parties after that date—specifically, the respondent's continued occupation and payment of the exact rental amount proposed, and the applicant's acceptance of those payments without objection—gave rise to a tacit relocation of the lease. This amounted to the conclusion of a new month-to-month lease agreement between the parties. The absence of correspondence disputing the respondent's occupation or the basis for rental payments further supported the inference that both parties intended to continue the lease relationship on a month-to-month basis. Accordingly, the...

Court Disposition

Application for eviction dismissed with costs.

Orders

  • The application for an adjournment is dismissed. The costs of the preparation of affidavits in the application for an adjournment are to be paid by the respondent.
  • The main application is dismissed with costs, such costs to include those consequent upon the employment of senior counsel.