In March 2014 my parents leased a site for a restaurantput. They had to sign the lease to apply for…

 In March 2014 my parents leased a site for a restaurant/put. They had to sign the lease to apply for the business license. On application of the license, they found out that the site was not zoned for food & beverage. The landlord refused to re-zone even though the lease was made out for a f&b outlet. After a 3 year struggle, they did not manage to get the license and had to stop selling alcohol as they received a complaint. They ran short on rent as the income was drastically reduced. The landlord then gave them 10 days to vacate and he was going to keep all their assets. I then made an agreement with the landlord that I would lease the site and absorb their debt to try and save them from losing everything. I took occupancy 1st July 17. Paid rent and a portion towards their debt in full for July and August. On the 13th July I got my business license and on the 26th July I got notice that my liquor license was going to public participation. Since I had no alcohol
sales, I ran behind for Septembers rent. I kept in contact with the landlord via email and asked for a grace period as the license would come through in a month or two. I never received a response and on Friday the 22nd October I arrived at work and all the doors were bolted shut. He gave me no notice of cancelling my lease etc. My attorney advised that I was still the legal holder of a lease agreement and could access the premises. So I removed the locks, gained entry and removed my assets. I had to shut the business down. Now almost 2 years later, I have received summons to pay for the debt I absorbed and rent up unti the end of Nov 17. Does he have a case since he acted unlawfully and do I have a case to counter sue for loss of income and losing my business?

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Hi I want to know whether it is legal to rent out a property without stipulating in the lease agreem…

Hi 

I want to know whether it is legal to rent out a property without stipulating in the lease agreement that another party is living on the same property? It is a residential property with offices and living space blocked off from the space I am renting. It is all one building – according to my lease I am renting (address) and is resonsible for full municipal account incl. rates and taxes – now we have a dispute over the municipal account, but I am not even sure if the other party is within his rights to be on the propert?

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My landlord issue me a letter of demand because I was default in my rent for a month.i was ask to re…

My landlord issue me a letter of demand because I was default in my rent for a month.i was ask to remedy in 7 days as it is a commercial property.i managed to pay part of the outstanding amount.Also I was issued another letter of demand in August .but I eventually paid all outstanding amount ,with a little extra for the September.But to my surprise,my business was locked.without any notice saying I have been served with a letter of demand so I need to vacate,that they have got a new tenant.my business is still locked for the past 3 days.my lawyer wrote to them,but their lawyer replied with termination letter.please help.

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Hi there, I have a client with this scenario and I need to know if it’s worth taking up legall…

Hi there, I have a client with this scenario and I need to know if it’s worth taking up legally or not:

taxpayer A closed her bank account with standard bank

Standard Bank reallocated the account to my client in 2016

Taxpayer A completed tax submissions and ticked a block on the tax form that stated that the bank details were correct- this constitutes a declaration in my view

Consequently the refund was paid to my client R51k. The same day the bank reversed R28k. 

SARS is now claiming R51k from my client. 

I understand that there was unjustified enrichment but I just feel that Taxpayer A was negligent and should be also responsible fir that negligence in some way. 

Also I feel that there a was compliance risk and SARS should have flagged the refund since the Taxpayer A clearly had not received any refund since 2016. 

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