Hi thereWe are retail tennants at Cedar ...

Asked by Lauren on 08-12-2020 10:14:14
Question posted in the Property Law category relating to Gauteng
Question value: R 400.00

Hi there

We are retail tennants at Cedar Square Shopping Centre and are having a legal issue with our Landlords- Accelerate Property. During lockdown they provided no relief financially and tried to increase our rental. When we informed them we would not be renewing our lease because of this, they informed us that we could pay what we could for 6 months. We payed more than half every month, even with almost no feet in the centre. Suddenly they alerted us that if we did not pay the outstanding amount they would continue with some kind of recourse. We asked for time, but they cut our power off and refused to turn it back on without full payment. We put ourselves in debt and loaned the money to pay them as we could not afford not to trade. Its a month later and our lease ends at the end of this month. December rent was due on the first, but after making such a large payment we asked for 48 hours to make the final payment. They have informed us this will not do and they will proceed to turn our electricity off. This is illegal but they know that we are a small business and can not afford to fight this battle. 

Please, any asssitance would be helpful.

Answer to the Question

Posted by Att. Patrick on 09-12-2020 09:16:56

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

If they turn off your electricity, this is illegal, and you can immediately go to court to get a spoliation order which will force them to turn your electricity on again. 

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

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

Disclaimer

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.