2. T may attach all movable property which belongs to Lebo, including those items that he gave Mary 3. T may attach all Lebo’s movable property present on the leased premises at the time that the rent is in arrears. 4. T may attach all movable property belonging to Lebo, Lesego and Mary. Question 5 (pg 173) B rents an office from City Properties. The Gauteng Gov decides to expropriate the property in order to tear down the building and build a road. B writes a letter to the Gateng Gov. to inform them of the existing contract of lease. The Gov. go ahead with the expropriation and B refuses to evacuate the offices. Indicate the advice you would give Barry: 1. The gov is bound to the contract of lease, because of the maxim “huur gaat voor koop” 2. The gov is bound to the contract of lease because it is aware of the contract of lease. 3. The gov is not bound to the contract of lease because the maxim “huur gaat voor koop” applies only to long leases of immovable property. 4. The gov is not bound to the contract of lease, because the maxim “huur gaat voor koop” applies only where there is a succession of rights. Question 6 It is the end of year 2005 and B must vacate the flat which he has been renting from T Estates for the past 2 years ito a lease agreement. The kitchen has burnt out. B alleges that the damage was caused by lightning. The damage was actually caused by an electrical fault in B’s fridge which B knew about, but ignored, T estates wants B to repair the flat. Which of the following statements is correct? 1. T estates is entitled to have B’s movables attached 2. B is obliged to repair the damage 3. The damage must be repaired by T estates 4. B may affect the repairs and claim damages from T Estates. CLA 1503 leases Page 1 of 5
Question 7 P leases his house to A at R 500 pm. Including water & lights. The power supply to the house is cut off because P has not paid the account for water & lights. A refuses to pay rent at the end of the month as he and P had agreed. A alleges that he has suffered damages because all the meat in his freezer has been spoiled. Which of the following statements is incorrect? 1. A is liable for the rent until he vacates the property. 2. A is entitled to claim a reduction in the rent 3. P is liable for the damages suffered by A when the meat was spoiled. 4. P is entitled to summarily sell any movable property in the flat which belongs to A in order to recover the outstanding rent. Question 8 The maxim “ Huur gaat voor Koop” refers to the principle that a person who: 1. Buys immovable property is bound to any short- term contract of lease existing in respect of the property at the time of its alienation, and of which he was aware. 2. lets immovable property, may not sell that property before the lease is expired.
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- Fall '17
- Leasing, following statements, Leasehold estate