The court held that B’s conduct = breach of the lease and was serious enough to entitle D and G to cancel the lease and eject B.
CLS cc © Sale & Lease Notes 23 Critical Law Studies CC © Study unit 12: Tenant’s real right SA law = Huur Gaat Voor Koop rule applies Green and Webb: the lessee gets real rights and decided that the HGVK rule applies. The establishment of the tenants real rights Between the parties the contract is enough protection – the lessee can enforce his rights against the lessor even if he isn’t in possession of the premises and even if his right hasn’t been registered. Long leases: Roman Dutch law said that registration was a requirement for the establishment of the lessee’s real right. An unregistered long-term lease was also valid against the lessee’s successors who had notice of it. Even if they didn’t know of the existence of the lease, the lessee was protected, by the unregistered long term lease for the 1 st 10 years of the lease, provided he was in possession of the leased property. An unregistered long-term lease was valid for the full term against successors universali. SA made a distinction between successor lucrative: someone who inherits the property – against whom a long term lease would apply even if the lessor’s successors had no knowledge of the lease and the lessee wasn’t in possession of the leased property. Successor onerosi – someone who buys the property – against who a long term leaser was only valid for the full term if it was registered or if the successor had knowledge of the lease. Before the commencement of S2: 1) Successor lucrative was bound for the full period 2) Successor onerosi were bound for the full period in the following circumstances: a) Full period if the lease was registered against the title deed of the property b) If the lease wasn’t registered – bound for the full period if he knew of the lease c) If the lease wasn’t registered and successors didn’t know of the existence of the lease – still bound for the 1 st 10 years of the lease if the lessee was in possession of the leased property – i.e. protected for the duration of a short term lease. S2 of the Act: provided that no long term lease would apply against the successors of the lessor unless it was registered against the title deed of the leased property – it was decided that in future this would only be the case where the lease would apply against successors of the lessor = imply an amendment to common law.
CLS cc © Sale & Lease Notes 24 Critical Law Studies CC © Essop: stated that the common law wasn’t amended by S2. S1 (2) of Act replaced S2: it apples to leases entered into for at least 10 years, the natural life of the lessee or another or a lease which is renewable.
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