Jordan v Lowery (2249/2010)
Jordan v Lowery (2249/2010) [2011] ZAECPEHC 17 (12 May 2011)
The court found that the respondent's right to occupy the property did not derive from habitatio but from her status as a non-paying tenant, as expressly stated in the addendum to the Deed of Sale. The respondent accepted the terms and conditions of the addendum, which clarified that no right of habitatio would be registered and that she would be regarded as a non-paying tenant with all associated rights and obligations. The respondent breached the agreement by failing to pay electricity charges and engaging in conduct inconsistent with tenancy, justifying the applicant's cancellation of the…
Source excerpt
- Eviction
- Lease Agreement
- Non Paying Tenant
- Habitatio
- Cancellation Of Agreement