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JJ
JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4502
Experience:  Admitted Attorney 17 years experience
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Good Day I am a tenant in a building where the landlord

Customer Question

Good Day

I am a tenant in a building where the landlord has gone into liquidation. I have a lease that still has 9 years to run. ABSA brought about the liquidation proceedings and the rentals are being paid to the liquidator.
My Question: Does the liquidator have the authority to cancel the lease and sell the property.

Regards

Chris Shipley
Submitted: 3 years ago.
Category: South Africa Law
Expert:  JJ replied 3 years ago.

Hi

Welcome to Just Answer!! Thank you for giving me the opportunity to assist you.

Is your lease in writing?

Customer: replied 3 years ago.


Yes JJ, confirmed I have a written lease.

Expert:  JJ replied 3 years ago.

Hi Chris

The HUUR GAAT VOOR KOOP principle still is valid in this case. Absa can sell, but your lease will continue and a new landlord will have to take over the building with this lease. You will have to also look in your agreement, but it should state there that liquidation or death will not affect your lease.

There should not be anything to be concerned about.

Customer: replied 3 years ago.


Hi JJ


What is the position when the property is placed on a public auction?


Chris

Expert:  JJ replied 3 years ago.

Hi Chris

The legal position remains the same. Whoever will be byuing the place will have to understand tha there are existing legal agreements in place.