South Africa:
Lease: Damages
06 December 2013
Routledge Modise
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A tenant who remains in occupation of a property despite
cancellation of the lease is said to be "holding over"
and is liable to the lessor for damages.
The SCA held that the right infringed entitled the lessor to
claim all damages, whatever their source, provided that the
requirements for ordinary or special damages in contract were
satisfied or they were foreseeable and not too remote in delict.
They are not restricted to market related rental. Where, for
instance, the unlawful occupier continued to trade, there was no
reason in principle why costs for which the lessor was liable in
respect of the premises, such as water and electricity, should not
be recoverable.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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