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Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

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0
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

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1
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

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0
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

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32
Article

Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

READ MORE
0
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

READ MORE
1
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

READ MORE
0
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
32
Article
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Filter: Lease
Your right of pre-emption when a group of properties is being sold

14 July 2021

I rent a portion of a farm which forms part of a larger group of properties. In my lease agreement... I have a standard right of pre-emption. It has come to my attention that the owner wishes to sell the entire portfolio of properties as a single transaction, including the portion I am leasing. I don’t want to lose the property, but I’m not sure if my right of pre-emption still applies if the group of properties is being sold?

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581
Article
Can I run an Airbnb from my sectional title unit?

16 March 2021

I am an owner of a sectional title unit and would like to advertise my unit for short term rentals... on Airbnb, is this legally allowed?

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437
Article
Is now the time to buy or rent?

12 October 2020

I have been saving for some time now with a view to buy my own property. However, with all the... upheavals of the last year I’m wondering whether buying is still the right option and whether I should not continue renting. Any advice?

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417
Article

11 September 2020

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373
Article
Can my insolvency lead to termination of my lease?

11 April 2019

I own a few commercial properties that I rent out to businesses. Recently it has come to my attention that... one of my longstanding tenants is going under financially. He has nearly two years left on his term. Can I terminate his rental agreement if he becomes insolvent?

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279
Article
Can I force my tenant to trade?

11 March 2019

I own a small shopping complex. A key tenant, who must give six months’ notice if they don’t renew their... lease, has just given notice. I don’t have a problem with that, but with months to go before they exit they have now stopped trading. This will have a big impact on feet to the complex if they don’t trade and I’ve asked them to continue trading until they vacate the premises, but the client refuses and says he’s cutting his losses. Can I force him to trade for the remainder of the lease agreement?

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338
Article

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