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Land And Property [2025] ZAWCHC 101

Tower Property Fund (Pty) Ltd v Liguria Ristorante (Pty) Limited (Reasons) (2025/004067)

Tower Property Fund (Pty) Ltd v Liguria Ristorante (Pty) Limited (Reasons) (2025/004067) [2025] ZAWCHC 101 (10 March 2025)

Court
Western Cape High Court, Cape Town
Case number
2025/004067
Judge
N Mangcu-Lockwood

The court found that the lease agreement between the parties expired on 30 April 2024 and no renewal agreement was concluded prior to expiry. The renewal clause (clause 37.1) amounted to an agreement to agree, lacking a deadlock-breaking mechanism or consensus on material terms such as rental. South African law, as confirmed by the Supreme Court of Appeal, does not enforce agreements to agree in the absence of a deadlock-breaking mechanism. The respondent's continued occupation was on a month-to-month basis, and the applicant was entitled to terminate and seek eviction. The urgency was justif…

Source excerpt

  • Eviction Of Commercial Tenant
  • Lease Renewal Option
  • Agreement To Agree
  • Urgent Application
  • Deadlock Breaking Mechanism
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Land And Property [2023] ZAGPJHC 599

Salestalk 598 (Pty) Ltd v Giant Eagle Trading CC (2021/53855)

Salestalk 598 (Pty) Ltd v Giant Eagle Trading CC (2021/53855) [2023] ZAGPJHC 599 (17 May 2023)

Court
South Gauteng High Court, Johannesburg
Case number
2021/53855
Judge
B.C. Wanless

The court found that the respondent had materially complied with the requirements of clause 2.2 of the lease agreement by sending written notice of its intention to renew via WhatsApp and email to a director of the applicant prior to the expiry of the lease. The applicant's denial of receipt was unsupported by direct evidence and amounted to hearsay, as no confirmatory affidavit from the director was provided. The court held that the domicilium citandi clause did not preclude valid notice by other means if receipt was proven. There was no genuine dispute of fact regarding the sending and rece…

Source excerpt

  • Eviction
  • Lease Renewal Option
  • Domicilium Citandi Et Executandi
  • Burden Of Proof
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Land And Property [2020] ZASCA 85

Sontsele v 140 Main Street Properties CC and Another (328/2019)

Sontsele v 140 Main Street Properties CC and Another (328/2019) [2020] ZASCA 85 (6 July 2020)

Court
Supreme Court of Appeal
Case number
328/2019
Judges
Ponnan, Mbha, Mokgohloa, Plasket, Ledwaba

The SCA held that a lease renewal option did not preserve the lease where rental was never agreed and the third-party determination clause was not invoked before expiry.

  • Lease Renewal Option
  • Agreement By Effluxion Of Time
  • Rental Determination By Third Party
  • Contractual Essentialia
  • Lease-renewal-option
  • Effluxion-of-time
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Land And Property [2019] ZAKZPHC 38

River Rock Investments (Pty) Ltd v Umhlathuze Municipality (14399/17P)

River Rock Investments (Pty) Ltd v Umhlathuze Municipality (14399/17P) [2019] ZAKZPHC 38 (30 April 2019)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
14399/17P
Judge
M R Chetty

The High Court dismissed an application to enforce a late lease-renewal notice, holding the option had lapsed and fairness could not override the contract.

  • Lease Renewal Option
  • Contractual Interpretation
  • Municipal Asset Management
  • Pacta Sunt Servanda
  • Public Policy In Contract
  • Substantial Compliance
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Land And Property [2019] ZAGPJHC 1

Violetshelf Investments (Pty) Ltd v Chetty (24858/18)

Violetshelf Investments (Pty) Ltd v Chetty (24858/18) [2019] ZAGPJHC 1; [2020] 4 BLLR 401 (GJ) (28 January 2019)

Court
South Gauteng High Court, Johannesburg
Case number
24858/18
Judge
P.A. Meyer

The court held that a lease renewal option requiring further written agreement was unenforceable without a deadlock-breaking mechanism, and granted eviction.

  • Lease Renewal Option
  • Agreements To Agree
  • Eviction
  • Estoppel By Representation
  • Lease-renewal-option
  • Agreements-to-agree
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Commercial And Corporate [2017] ZAGPPHC 626

Clicks Retailers (Pty) Ltd v Killarney Mall Properties (Pty) Ltd (A255/16)

Clicks Retailers (Pty) Ltd v Killarney Mall Properties (Pty) Ltd (A255/16) [2017] ZAGPPHC 626 (22 September 2017)

Court
North Gauteng High Court, Pretoria
Case number
A255/16
Judges
S P Mothle, J Raulinga, S S Maakane

The court held that a lease-renewal letter was conditional and not an unequivocal exercise of the renewal option, so the appeal failed.

  • Lease Renewal Option
  • Contractual Interpretation
  • Offer And Acceptance
  • Conditional Acceptance
  • Lease-renewal-option
  • Contractual-interpretation
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Land And Property [2017] ZAKZPHC 30

Pattundeen NO and Others v Priyanka Service Station CC (AR263/16)

Pattundeen NO and Others v Priyanka Service Station CC (AR263/16) [2017] ZAKZPHC 30 (19 May 2017)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
AR263/16
Judges
Gordon, Mnguni, Lopes

The High Court upheld the appeal, holding that the lease renewal option was invalid because rental for the renewal period had not been agreed.

  • Lease Renewal Option
  • Certainty Of Rental
  • Contractual Interpretation
  • Unilateral Notice
  • Holding Over
  • Lease-renewal-option
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Land And Property [2015] ZAGPPHC 841

Clicks Retailers (Pty) Ltd v Killarney Mall Properties (22362/2015)

Clicks Retailers (Pty) Ltd v Killarney Mall Properties (22362/2015) [2015] ZAGPPHC 841 (11 December 2015)

Court
North Gauteng High Court, Pretoria
Case number
22362/2015
Judge
H J de Vos

The court held that a letter seeking a renewal proposal did not validly exercise a lease renewal option, so the lease ended and eviction was ordered.

  • Lease Renewal Option
  • Contractual Interpretation
  • Eviction
  • Pactum De Contrahendi
  • Lease-renewal-option
  • Contract-interpretation
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Land And Property [2014] ZANWHC 52

Sun International (South Africa) Ltd v Crocodile Enterprises CC (1833/13)

Sun International (South Africa) Ltd v Crocodile Enterprises CC (1833/13) [2014] ZANWHC 52 (5 December 2014)

Court
North West High Court, Mafikeng
Case number
1833/13
Judge
Kgoele

The High Court dismissed an eviction application over a leased crocodile farm, finding serious disputes of fact about lease renewal, alleged breaches, and whether the matter needed oral evidence.

  • Lease Renewal Option
  • Eviction
  • Improvement Lien
  • Breach Of Maintenance Obligations
  • Reasonable Notice
  • Dispute Of Fact Procedure
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Land And Property [2009] ZAKZPHC 23

Stand 2436 PMB (Pty) Ltd v Takor (8684/08)

Stand 2436 PMB (Pty) Ltd v Takor (8684/08) [2009] ZAKZPHC 23 (1 June 2009)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
8684/08
Judge
Sishi

The court held that the tenant failed to prove timely written notice to renew a shop lease, declared the lease expired, and ordered eviction and costs.

  • Eviction
  • Lease Renewal Option
  • Onus Of Proof
  • Notice Requirements
  • Lease-renewal-option
  • Onus-of-proof
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.