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Friday Nov 04, 2011

Concourt to rule when landlords may cancel leases

The Constitutional Court was due to hear argument today on whether a landlord may cancel leases and evict tenants to get higher rentals.

The matter will be brought by Ntombizodwa Yvonne Maphango and 14 others against Aengus Lifestyle Properties, with the Inner City Resource Centre as a friend of the court.

Aengus specialises in fashionable inner-city apartments and lofts developed in refurbished old Joburg buildings and office blocks. Its buildings include Tribeca Lofts and Fashion Lofts.

The company bought Lowliebenhof in Braamfontein and terminated existing residents' leases in order to put up rentals over amounts allowed by the escalation clauses.

Some of the residents objected to being evicted and took the matter to court.

The Johannesburg High Court and Supreme Court of Appeal held that the landlord was allowed to do this.

The 15 applicants will apply for leave to appeal to the Constitutional Court.

They argue they cannot be evicted, even if the leases were lawfully terminated.

Sapa

    
 

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