Twoline Trading 2 (Pty) Ltd v Brainwave Projects 1232 CC and Others (29175/12) [2012] ZAGPJHC 260 (15 October 2012)

Twoline Trading 2 (Pty) Ltd v Brainwave Projects 1232 CC and Others (29175/12) [2012] ZAGPJHC 260 (15 October 2012)

The respondents were in substantial arrears with rental and related charges from the inception of the lease, despite several indulgences and a reduction in rental by the applicant. The lease agreement was validly cancelled in writing after repeated breaches. Clause 20.6 of the lease agreement expressly excluded any claim for compensation, damages, or remission of rental arising from renovations or construction works. The respondents' reliance on loss of beneficial occupation was not supported by the facts, as arrears predated the renovations, and the contractual exclusion was enforceable. The applicant was entitled to cancel the lease and obtain an order for eviction. The respondents'...

Citation
[2012] ZAGPJHC 260
Parties
Applicant: Twoline Trading 2 (Pty) Ltd; Respondent: Brainwave Projects 1232 CC; Respondent: Willem Joseph R van der Walt; Respondent: Martha Maria van der Walt; Respondent: Jonathan Shephard
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
15 October 2012
Case Number
29175/12
Procedural Posture
Urgent Application / Application for Ejectment Following Cancellation of Lease; Reasons for Order Delivered
Outcome
Application granted; respondents ordered to vacate the premises and pay costs on attorney and client scale.
Judges
RS Mathopo
Legal Topics
Lease Agreement, Eviction, Arrear Rental, Remission of Rent, Beneficial Occupation, Contractual Exclusion of Liability
Land and Property Commercial and Corporate Lease Agreement Eviction Arrear Rental Remission of Rent Beneficial Occupation Contractual Exclusion of Liability

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Parties

Twoline Trading 2 (Pty) Ltd

Applicant

Brainwave Projects 1232 CC

Respondent

Willem Joseph R van der Walt

Respondent

Martha Maria van der Walt

Respondent

Jonathan Shephard

Respondent

Procedural Posture

Urgent Application / Application for Ejectment Following Cancellation of Lease; Reasons for Order Delivered

Legal Issues

  1. 1 Whether the applicant was entitled to cancel the lease agreement and evict the respondents due to arrears in rental and related charges.
  2. 2 Whether the respondents could rely on loss of beneficial occupation caused by renovations as a defence to eviction.
  3. 3 Whether clause 20.6 of the lease agreement excluded the respondents' right to claim remission of rent or damages for loss of beneficial occupation.

Ratio Decidendi

The respondents were in substantial arrears with rental and related charges from the inception of the lease, despite several indulgences and a reduction in rental by the applicant. The lease agreement was validly cancelled in writing after repeated breaches. Clause 20.6 of the lease agreement expressly excluded any claim for compensation, damages, or remission of rental arising from renovations or construction works. The respondents' reliance on loss of beneficial occupation was not supported by the facts, as arrears predated the renovations, and the contractual exclusion was enforceable. The applicant was entitled to cancel the lease and obtain an order for eviction. The respondents'...

Court Disposition

Application granted; respondents ordered to vacate the premises and pay costs on attorney and client scale.

Orders

  • The first, second, third and fourth respondents, or whosoever is in occupation, are to be evicted on 31 October 2012 from Shop 21, Florida Junction Shopping Centre, corner of Christiaan de Wet Street and Ontdekkers Road, Florida Park, Roodepoort.
  • The Sheriff for the district of Roodepoort or his lawful Deputy is authorised and directed to take all necessary steps to give effect to the eviction order.