Options to Renew Leases – Risks for Landlords and Tenants “It is only where the enforcement of a contractual term would be so unfair, unreasonable or unjust so as to be contrary to public policy that a court may refuse to enforce it” (extract from first judgment below) Leases often give tenants an option to...Continue Reading
Buying a Business? Make Sure the Seller Publishes Notice of the Sale “The purpose of the legislature in enacting s 34(1) is to protect creditors by preventing traders who are in financial difficulty from disposing of their business assets to third parties who are not liable for the debts of the business, without due advertisement...Continue Reading
Directors, Trustees: Can You Hold Your AGMs and General Meetings on Zoom? “O Wonder! …O Brave New World” (Shakespeare) Regrettably, the pandemic still shows no sign of going away any time soon, and the social distancing it has brought to our “new normal” leaves companies with a dilemma. How can you comply – safely and...Continue Reading
Property: Don’t Pay Double Commission! “… in certain circumstances the principal may be liable to pay commission to both agents where it is impossible to distinguish between the efforts of one agent and another in terms of causality or degrees of causation.” (Extract from judgment below) With many property sellers allowing multiple estate agencies to...Continue Reading
Property Subsidence: New Law, Strict Liability and Ubuntu “…every landowner has a right to the lateral support and where subsidence or other destabilisation occurs, as a result of excavations on an adjacent property, the owner of the adjacent property will be liable in an action for damages irrespective of whether she was negligent or not.”...Continue Reading
Lockdown “Admission of Guilt” Fines – The Criminal Record Risk Breaking any of our lockdown laws can be an expensive business, risking heavy penalties. If you are accused of a contravention and offered the option of paying an “admission of guilt” fine to avoid a court appearance, beware! It may seem like the easy way...Continue Reading
The Pandemic and Business Interruption Cover – Can You Claim? …it must be asked whether, but for the Covid-19 outbreak, the interruption or interference to the Applicant’s business would have occurred when the Lockdown Regulations were promulgated” (extract from the judgment below) It’s no surprise that our media has been awash with reports on the...Continue Reading
Property: Green Shoots, Agent’s Commission and Fidelity Fund Certificates Ninety percent of all millionaires become so through owning real estate. More money has been made in real estate than in all industrial investments combined. The wise young man or wage earner of today invests his money in real estate” (Andrew Carnegie, billionaire industrialist) Dollar billionaire...Continue Reading
At long last the main provisions of POPIA (the Protection of Personal Information Act) have been gazetted, and they will commence on 1 July 2020. That means that the one year transitional period will expire on 30 June 2021. Don’t panic just yet, and ignore the many “fake headlines” in the media implying that you...Continue Reading
Our courts have adapted in many different ways to the “new normal” of the pandemic and its resultant lockdown and health and safety issues, and now from the Labour Court comes an important new development in regard to the use of video conferencing (in this case via Zoom) by an employer contemplating a large-scale retrenchment...Continue Reading
12 Montrose Park Boulevard
Victoria Country Club Estate
Office Park
170 Peter Brown Drive, Montrose
Pietermaritzburg, 3201
KwaZulu-Natal
E: info@lhtc.co.za
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