Related Research Articles
A lease is a contractual arrangement calling for the user to pay the owner for use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial or business equipment is also leased. Broadly put, a lease agreement is a contract between two parties: the lessor and the lessee. The lessor is the legal owner of the asset, while the lessee obtains the right to use the asset in return for regular rental payments. The lessee also agrees to abide by various conditions regarding their use of the property or equipment. For example, a person leasing a car may agree to the condition that the car will only be used for personal use.
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property.
Hypothec, sometimes tacit hypothec, is a term used in mixed legal systems to refer to an express or implied non-possessory real security over corporeal movable property. At common law it is equivalent to an American non-possessory lien or English legal charge.
An assignment is a legal term used in the context of the law of contract and of property. In both instances, assignment is the process whereby a person, the assignor, transfers rights or benefits to another, the assignee. An assignment may not transfer a duty, burden or detriment without the express agreement of the assignee. The right or benefit being assigned may be a gift or it may be paid for with a contractual consideration such as money.
Landlord harassment is the willing creation, by a landlord or their agents, of conditions that are uncomfortable for one or more tenants in order to induce willing abandonment of a rental contract. This kind of activity is common in regions where rent control laws do exist, but which do not allow the direct extension of rent-controlled prices from one tenancy to the subsequent tenancy, thus allowing landlords to set higher prices. Landlord harassment carries specific legal penalties in some jurisdictions, but enforcement can be very difficult or even impossible in many circumstances.
Liverpool City Council v Irwin [1976] UKHL 1 is a leading English contract law case, concerning the basis on which courts may imply terms into contracts; in particular in relation to all types of tenancies, a term may be implied if required for a particular relationship, such as for the landlord to keep the stairwells clear in a tower block. The tenants also had a duty of reasonable care which some among them had been repeatedly breached and led to a continuing breach in matters of damage about which they complained so they were not entitled to withhold rent on the facts.
City and Westminster Properties (1934) Ltd v Mudd [1959] Ch 129 is an English contract law case, regarding the parol evidence rule. It illustrates one of the large exceptions, that a written document is not deemed to be exhaustive of the parties intentions when there is clear evidence of a collateral contract. It shows that even evidence from outside a written agreement may contradict evidence inside it.
South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. Among the formal functions of South African property law is the harmonisation of individual interests in property, the guarantee and protection of individual rights with respect to property, and the control of proprietary relationships between persons, as well as their rights and obligations. The protective clause for property rights in the Constitution of South Africa stipulates those proprietary relationships which qualify for constitutional protection. The most important social function of property law in South Africa is to manage the competing interests of those who acquire property rights and interests. In recent times, restrictions on the use of and trade in private property have been on the rise.
Residents of Joe Slovo Community, Western Cape v Thubelisha Homes and Others is an important case in South African property law, heard by the Constitutional Court on August 21, 2008, with judgment handed down on June 10.
Ndlovu v Ngcobo; Bekker and Another v Jika, an important case in South African property law, was heard in the Supreme Court of Appeal on May 23, 2002, with judgment handed down on August 30.
Rent control in Scotland is based upon the statutory codes relating to private sector residential tenancies. Although not strictly within the private sector, tenancies granted by housing associations, etc., are dealt with as far as is appropriate in this context. Controlling prices, along with security of tenure and oversight by an independent regulator or the courts, is a part of rent regulation.
ABSA Bank Ltd v Sweet and Others is an important case in the law of contract in South Africa. It was heard in the Cape Provincial Division May 12, 1992, by Tebbutt J, who delivered judgment on June 19.
Christian Education South Africa v Minister of Education is an important case in South African law. It was heard in the Constitutional Court, by Chaskalson P, Langa DP, Goldstone J, Madala J, Mokgoro J, Ngcobo J, O'Regan J, Sachs J, Yacoob J and Cameron AJ, on 4 May 2000, with judgment handed down on 18 August. FG Richings SC appeared for the appellant, and MNS Sithole SC for the respondent.
Soffiantini v Mould is an important case in South African law. An appeal from a decision of Back AJ, it was heard in the Eastern Districts Local Division by Price JP, Jennett J and Wynne J on July 30, 1956. Judgment was handed down on August 14, 1956. The appellant's attorneys were Espin & Espin. The respondent's attorney was LB Green. The case concerned the relationship between landlord and tenant, and confirmed that, under the common law, a landlord is not entitled to enter leased premises without consent. The trespassing landlord can be interdicted.
Wightman t/a JW Construction v Headfour (Pty) Ltd and Another is an important case in South African law, heard in the Supreme Court of Appeal on February 27, 2008. Mpati DP, Cameron JA, Heher JA, Ponnan JA and Mhlantla AJA presided. Judgment was handed down on March 10, 2008. Counsel for the appellant was EJJ Spamer; SC Goddard appeared for the respondents. The appellant's attorneys were Kyriacos & Co, Cape Town, and Webbers, Bloemfontein. The respondents' Attorneys were EQM Hunter, Cape Town, and Honey Attorneys, Bloemfontein. The case was an appeal from a decision of the full bench in the Cape Provincial Division regarding spoliation.
The South African law of lease is an area of the legal system in South Africa which describes the rules applicable to a contract of lease. This is broadly defined as a synallagmatic contract between two parties, the lessor and the lessee, in terms of which one, the lessor, binds himself to give the other, the lessee, the temporary use and enjoyment of a thing, in whole or in part, or of his services or those of another person; the lessee, meanwhile, binds himself to pay a sum of money as compensation, or rent, for that use and enjoyment. The law of lease is often discussed as a counterpart to the law of sale.
In Sishen Hotel (Edms) Bpk v Suid-Afrikaanse Yster en Staal Industriële Korporasie Bpk, an important case in the South African law of lease, the parties had concluded a twenty-year lease for a hotel. The lodge was next to a national road; because of this, it attracted considerable business.
In Sweets from Heaven (Pty) Ltd and Another v Ster Kinekor Films (Pty) Ltd and Another, an important case in the South African law of lease, Ster Kinekor was a lessee which had entered into a five-year sublease with Sweets from Heaven. The second respondent was a franchise of the first applicant and occupied the premises through first applicant with the consent of Numetro.
Lubbe v Volkskas Bpk 1992 (3) SA 868 (A); [1992] 2 All SA 270 (A) is an important case in the South African law of lease. In October 1987, the appellant brought an urgent application before a single judge in which he applied for an order
- declaring that he had established a lien over the wheat crop on a certain part of the farm T; and
- instructing the deputy sheriff to sell the said farm subject to his lien.
Arnold v Britton[2013] EWCA Civ 902 is an English contract law case on implied terms.
References
- Bloemfontein Municipality Appellant v Jacksons Limited Respondent 1929 AD 266.
