Venter and Another v Els and Another (3639/2024)
Venter and Another v Els and Another (3639/2024) [2024] ZAWCHC 83; 2024 (4) SA 305 (WCC) (18 March 2024)
The court found that the applicants do not lease out property in the ordinary course of business, but only temporarily while deciding on their permanent relocation. The lease agreement was not part of a continual enterprise to derive income, and thus the Consumer Protection Act does not apply. The three-month notice clause was valid and binding, and the notice given on 21 December 2023 validly cancelled the lease agreement with effect from 31 March 2024. The application was correctly brought as urgent, as substantial redress would not be afforded if heard in the ordinary course. The responden…
Source excerpt
- Consumer Protection Act
- Fixed Term Lease
- Urgent Application
- Early Termination
- Ordinary Course Of Business