Quintas Properties (Pty) Ltd v Lusitania Food Products (Pty) Ltd (1140/2013)
Quintas Properties (Pty) Ltd v Lusitania Food Products (Pty) Ltd (1140/2013) [2014] ZAKZDHC 20 (4 June 2014)
The court found that, although the main lease and sub-lease terminated automatically on 31 January 2013, the conduct of the parties after that date—specifically, the respondent's continued occupation and payment of the exact rental amount proposed, and the applicant's acceptance of those payments without objection—gave rise to a tacit relocation of the lease. This amounted to the conclusion of a new month-to-month lease agreement between the parties. The absence of correspondence disputing the respondent's occupation or the basis for rental payments further supported the inference that both p…
Source excerpt
- Sub Lease Termination
- Tacit Relocation
- Eviction
- Month To Month Lease