occupation of the property let or b the successor or creditor of the lessor

Occupation of the property let or b the successor or

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occupation of the property let, or (b) the successor or creditor of the lessor knew of the lease when he entered into his contract with the lessor, or when he acquired his real right in the property; or (c) the successor or creditor of the lessor acquired his real right in the property gratuitously .
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Legal consequences of huur gaat voor koop Practical consequence is if the huur gaat voor koop rule stands, the new owner becomes the lessor in the place of the original lessor/owner. The new owner inherits all the rights and obligations of the previous owner upon registration of the property in the new owner’s name. The new owner stepping into the shoes of the previous owner, as lessor becomes entitled to payment of rent immediately as a matter of law. The previous relationship terminates upon registration into the name of the new owner. Legal Question: Am I as the new owner legally bound by ALL terms and conditions of that lease contract? Genna Wae 1995 (2) SA 926 (A): Legal consequence, the court held that both the new owner and the lessee are bound by the lease contract, and that the lessee who remains in occupation does not have a right of election to resile from the lease contract.
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Legal consequences of huur gaat voor koop Spearhead 2009 4 All SA 417 (SCA): The court held that a purchaser would be subject to a right of first refusal, if he had knowledge of the option ( ifo lessee), at the time of the sale, but that this was by virtue of the Doctrine of Notice and NOT the application of the “ huur gaat voor koop rule”. A new owner is bound by certain collateral terms, such as an option to renew the lease in the existing lease contract. A new owner is bound by ALL the clauses of the lease, except those clauses which were intended to bind only the original owner in his personal capacity. END OF UNIT 4
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  • Fall '18
  • SCA, Huur

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