Transnet Soc Ltd t/a Transnet Property v Defensor Electronic Security Systems (Proprietary) Limited (535/2016) [2016] ZAFSHC 119 (21 July 2016)

Transnet Soc Ltd t/a Transnet Property v Defensor Electronic Security Systems (Proprietary) Limited (535/2016) [2016] ZAFSHC 119 (21 July 2016)

The court found that although the original lease agreement was validly terminated due to the respondent's breaches and arrears, the parties subsequently entered into a new agreement or tacit relocation, evidenced by correspondence and conduct. The applicant accepted proposals for continued occupation and payment, and did not issue a fresh notice of termination or demand for vacating the premises under the new arrangement. As a result, the respondent's occupation was legalised and the applicant failed to establish that the respondent was an unlawful occupier at the time of the eviction application. The applicant also failed to activate its landlord's tacit hypothec, as the necessary notice...

Citation
[2016] ZAFSHC 119
Parties
Applicant: Transnet Soc Ltd t/a Transnet Property; Respondent: Defensor Electronic Security Systems (Proprietary) Limited
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
21 July 2016
Case Number
535/2016
Procedural Posture
Urgent Application / First Instance Motion Proceedings
Outcome
Application for eviction refused; costs awarded against the applicant.
Judges
Rampai
Legal Topics
Eviction, Tacit Relocation, Landlords Tacit Hypothec, Lease Termination, Rei Vindicatio
Land and Property Civil Procedure Eviction Tacit Relocation Landlords Tacit Hypothec Lease Termination Rei Vindicatio

Case Brief

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Parties

Transnet Soc Ltd t/a Transnet Property

Applicant

Defensor Electronic Security Systems (Proprietary) Limited

Respondent

Procedural Posture

Urgent Application / First Instance Motion Proceedings

Legal Issues

  1. 1 Whether the respondent was an unlawful occupier of the applicant's property at the time of the eviction application.
  2. 2 Whether the applicant was entitled to perfect its landlord's tacit hypothec over the respondent's movables.
  3. 3 Whether the applicant complied with the formalities for cancellation of the lease agreement and eviction.

Ratio Decidendi

The court found that although the original lease agreement was validly terminated due to the respondent's breaches and arrears, the parties subsequently entered into a new agreement or tacit relocation, evidenced by correspondence and conduct. The applicant accepted proposals for continued occupation and payment, and did not issue a fresh notice of termination or demand for vacating the premises under the new arrangement. As a result, the respondent's occupation was legalised and the applicant failed to establish that the respondent was an unlawful occupier at the time of the eviction application. The applicant also failed to activate its landlord's tacit hypothec, as the necessary notice...

Court Disposition

Application for eviction refused; costs awarded against the applicant.

Orders

  • The application for the respondent's eviction is refused.
  • The applicant is directed to pay the costs.