Perryvale Investments (Pty) Ltd v Patel NO and Another (13096/2005) [2008] ZAWCHC 267 (8 October 2008)

Perryvale Investments (Pty) Ltd v Patel NO and Another (13096/2005) [2008] ZAWCHC 267 (8 October 2008)

The court found that the second respondent was entitled to a 50% remission of rent for the period September 2002 to August 2004, less certain amounts, and that both parties should share certain costs. The refusal of alternative accommodation by the second respondent was not justified by the evidence, as there was no clear proof of cockroach infestation or other compelling reasons. The offer of alternative accommodation was reasonable, and the second respondent could have accepted it while reserving his rights. The court concluded that there was no reasonable prospect that another court would reach a different conclusion, and dismissed the application for leave to appeal.

Citation
[2008] ZAWCHC 267
Parties
Applicant: Perryvale Investments (Pty) Ltd; Respondent: S Patel N.O.; Respondent: Michael Katz
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
8 October 2008
Case Number
13096/2005
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following a Review Judgment
Outcome
Application for leave to appeal dismissed.
Judges
Davis
Legal Topics
Rental Housing Act, Remission of Rent, Review of Administrative Decision, Leave to Appeal
Land and Property Civil Procedure Rental Housing Act Remission of Rent Review of Administrative Decision Leave to Appeal

Case Brief

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Parties

Perryvale Investments (Pty) Ltd

Applicant

S Patel N.O.

Respondent

Michael Katz

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following a Review Judgment

Legal Issues

  1. 1 Whether there are reasonable prospects that another court would reach a different conclusion regarding the remission of rent and costs orders.
  2. 2 Whether the second respondent was entitled to a 50% remission of rent for the period September 2002 to August 2004.
  3. 3 Whether the refusal of alternative accommodation by the second respondent justified the setting aside of the 100% remission of rent for September 2004 to June 2005.

Ratio Decidendi

The court found that the second respondent was entitled to a 50% remission of rent for the period September 2002 to August 2004, less certain amounts, and that both parties should share certain costs. The refusal of alternative accommodation by the second respondent was not justified by the evidence, as there was no clear proof of cockroach infestation or other compelling reasons. The offer of alternative accommodation was reasonable, and the second respondent could have accepted it while reserving his rights. The court concluded that there was no reasonable prospect that another court would reach a different conclusion, and dismissed the application for leave to appeal.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.