Property Archives - Barnard Incorporated

To connect or disconnect electricity supply

29th Jul 2022
Posted by: Barnard Inc
Categories: Evictions, Latest News, Property

The Pretoria High Court has declared that Section 7(3)(a) of the Divorce Act is inconsistent with the Constitution and invalid to the extent that it results in unfair discrimination in respect of ‘out of community of property’ marriages.

Opinion: The Property Practitioner’s Act, to apply or not to apply?

20th Jul 2022
Posted by: Barnard Inc
Categories: Latest News, Property

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The Pretoria High Court has declared that Section 7(3)(a) of the Divorce Act is inconsistent with the Constitution and invalid to the extent that it results in unfair discrimination in respect of ‘out of community of property’ marriages.

Tenants beware, landlords can still evict you even if you are in business rescue

11th Jul 2022
Posted by: Barnard Inc
Categories: Business Rescue, Evictions, Latest News, Property

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The Pretoria High Court has declared that Section 7(3)(a) of the Divorce Act is inconsistent with the Constitution and invalid to the extent that it results in unfair discrimination in respect of ‘out of community of property’ marriages.

New ‘smart’ shopping mall in Centurion contrasts ostensive slump in the economy

8th Jul 2022
Posted by: Barnard Inc
Categories: Barnard Briefs, Latest News, Property

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New ‘smart’ shopping mall in Centurion contrasts ostensive slump in the economy

The Pretoria High Court has declared that Section 7(3)(a) of the Divorce Act is inconsistent with the Constitution and invalid to the extent that it results in unfair discrimination in respect of ‘out of community of property’ marriages.

A landlord’s guide to express and efficient evictions: Part II

26th Jun 2022
Posted by: Barnard Inc
Categories: Evictions, Latest News, Property

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The Pretoria High Court has declared that Section 7(3)(a) of the Divorce Act is inconsistent with the Constitution and invalid to the extent that it results in unfair discrimination in respect of ‘out of community of property’ marriages.

Even as commercial and retail vacancies remain high, landlords are advised to maintain tight control on lease agreement terms.

23rd Jun 2022
Posted by: Barnard Inc
Categories: Barnard Briefs, Latest News, Property

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Landlords, particularly mall landlords, will likely be exasperated by the increase in vacant retail space in the 2022 financial year. There is an oversupply of office and retail space, matched to low demand – due in part to the work-from-home policies big companies implemented during the Covid-19 pandemic, alongside with liquidations, evictions and cancellation of commercial lease agreements due to non-paying tenants. Proactively, large property groups such as Growthpoint and Attacq are renegotiating the terms of their lease agreements, such as the monthly rent, and renewal periods. In some instances, tenants have received up to a 20% rent reduction for premises in underperforming shopping malls. In the past a commercial lease would have been entered into for an average period of 5 years however, at this point in time, the lease periods have decreased to an average period of around 3 years. The pendulum has undoubtedly swung in favour of tenants for the time being. The impact of vacant retail space will force landlords think twice before cancelling a Lease Agreement and instituting ejectment proceedings against non-paying tenants, this will only create a snowball effect, out of experience tenants hardly ever catch up with outstanding rent. In the past where Landlords would have instituted legal proceedings the moment a tenant falls behind with rent, some are now more lenient and will wait a few months before instituting legal proceedings – an approach that sets a dangerous precedent. As desperate as Landlords may be, they should always act immediately with a demand, as prescribed by their respective lease agreements, the moment a tenant falls behind with their rent. Alternatively, it is important for both Landlords and tenants to meet each other halfway by negotiating rental relief. Even then, it is advisable that Landlords consider granting rental relief for tenants (upon request), when the tenant is at that stage up to date with their rent and isn’t already in default for a period of 12 months prior to the rental reduction request.

The Pretoria High Court has declared that Section 7(3)(a) of the Divorce Act is inconsistent with the Constitution and invalid to the extent that it results in unfair discrimination in respect of ‘out of community of property’ marriages.

A landlord’s guide to express and efficient evictions: Part I

22nd Jun 2022
Posted by: Barnard Inc
Categories: Evictions, Latest News, Property

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A landlords guide to express and effective evictions

The Pretoria High Court has declared that Section 7(3)(a) of the Divorce Act is inconsistent with the Constitution and invalid to the extent that it results in unfair discrimination in respect of ‘out of community of property’ marriages.

Latest action by Johannesburg and SAPS sends a strong message to building hijackers

31st Mar 2022
Posted by: Barnard Inc
Categories: Barnard Briefs, Commercial Litigation, Evictions, Latest News, Litigation, Property

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The SAPS and Johannesburg Metropolitan Police Department arrested squatters from a building after they disobeyed an eviction order and forcefully moved back onto the building.

Is Joburg’s attempt to charge a levy on Property Developments Legal?

17th Mar 2022
Posted by: Barnard Inc
Categories: Barnard Briefs, Latest News, Property

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Although the Constitution does allow a Municipality to charge levies on property and developments, it clearly states that it must be authorised by national legislation to do so before proceeding.

High Court judgment addresses the sale of repossessed properties

10th Mar 2022
Posted by: Barnard Inc
Categories: Barnard Briefs, Compliance, Court Rulings, Latest News, Litigation, Property

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It may argued that rule 46A is open to interpretation in that is easily foreseeable that this process may be misused, resulting in perceived injustices against property owners.