A.S and Another v J.C and Others (A63/2017)
A.S and Another v J.C and Others (A63/2017) [2019] ZAWCHC 71; [2019] 3 All SA 425 (WCC) (19 June 2019)
The court found that the lessor did not lawfully cancel the lease on 3 October 2017. The demand conflated rental and electricity charges, requiring compliance with the notice provisions for breaches other than rental, which was not done. The lessor historically accepted late payments without protest, creating a reasonable belief that strict performance would not be suddenly enforced. The presence of a non-waiver clause did not entitle the lessor to ambush the lessee by enforcing strict compliance without warning. In the specific circumstances, including the risk of homelessness for vulnerable…
Source excerpt
- Prevention Of Illegal Eviction Act
- Lease Cancellation
- Public Policy In Contract
- Constitutional Values In Contract
- Good Faith In Contractual Performance
- Notice To Remedy Breach