Hi!In Sept 2017 I bought a small busines...

Asked by Hj on 09-02-2020 11:58:46
Question posted in the Property Law category relating to KwaZulu-Natal
Question value: R 300.00


In Sept 2017 I bought a small business. The property was rented through agents. In 2019, due to bad economic conditions I struggled to pay the rent and utilities. Every time I could not pay the full amount, I let them know, and paid what I could. In Dec 2020 I decided that due to the fact that I am just getting deeper and deeper into debt, I am going to relocate and find cheaper premises. This way , it will be easier for me to pay back the money owed. I told all this to the letting agency...and told them that I will pay off the money I owed every month. Upon me vacating the premises I had almost R20 000 in deposit at the letting agency. I asked them to pay it over to the owner of the property. The owner then demanded an additional R8000 on the same day, which I was unable to pay. She said if I do not pay, she is going to hand me over.

So, I receieved a whatsaupp from a lady yesterday at the old working premises to inform me that there was an important document for me which I need to collect. It was my summons. They did not even put it in an envelope, so everyone could have read that document.

Another thing, I entered the premises on 1 Sept 2017 and vacated on 31 Jan 2019..in that time I never signed a lease agreement. There is a terms of deposit document stating that the previous owner is giving me her lease and I am taking it over. It also stated that I am leasing the property for 1 year from 2017.

Can I defend this summons?

Thank you

Kind regards

Tanya Myburgh

Ask your OWN Legal Question!

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.