Palace Shareblock Ltd v Lavender Moon Trading 157 CC t/a the Copper Chimney (2088/2008)
Palace Shareblock Ltd v Lavender Moon Trading 157 CC t/a the Copper Chimney (2088/2008) [2009] ZAKZDHC 41 (2 September 2009)
The respondent admitted to late payment of rental but argued that confusion caused by the applicant regarding the cession of rights excused the breach. The court found that the respondent was not misled by the applicant and that the lease agreement clearly stipulated the time, amount, and place for payment. The respondent was expected to continue paying rental to Inner Anchorage until advised otherwise in writing. The respondent's failure to pay rental on due dates constituted a material breach of the lease agreement, entitling the applicant to cancel the lease and seek eviction. The court fo…
Source excerpt
- Eviction
- Lease Breach
- Payment Of Rent
- Cancellation Of Lease