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I am looking for someone that specializes in commercial

Hi there, I am...

Hi there, I am looking for someone that specializes in commercial property rentals?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I am in GUarteng

Lawyer's Assistant: Has anything been filed or reported?

No, need some advise on how to proceed with major property owner

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Basically, I am a customer to major landlord and wanted to take over another store at the same site. They made me an offer for rental etc and in the last minute changed their mind cause they wanted to have a certain brand there. However, what has been put there is very similiar to the products I offer so besides them going against their initial word to me to have a certain brand they now have someone else that is there that is selling something very similiar to me thus impacting my business negatively

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Answered in 21 minutes by:
1/9/2018
Christiaan K
Category: South Africa Law
Satisfied Customers: 205
Experience: Attorney & Director at Lombard Kotze Incorporated
Verified

Good day

Does your lease agreement contain any prohibition on the Landlord, barring him from allowing another tenant to sell the same product or services on the premises?

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Customer reply replied 3 months ago
Hi, I dont know but I doubt it and wouldn't necesarrily have an issue with this but if you combine this with the fact that I was first approved by them to take over the site and then they ask me to do another brand at the site and in the end come back and tell me they changed they mind in that they want the original brand back but only this time with someone else as the tenant. This seems like I was purposefully excluded from the opportunity and in the end they allow a totally different brand (that is in direct competition from me) to go up.

Ok, so you want to know if you can apply to court to review and set aside their decision not to allow you to rent the site?

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Customer reply replied 3 months ago
sorry, I dont want to spend more on this. I would really like to know if there is a specialist who has dealt with something similiar before and if so their advise on how best to proceed as I feel like I was not treated fairly through this.
Customer reply replied 3 months ago
My issue is that they keep saying that they want to arrange a meeting to adress my concern but they never do this. Will I be justified if I stop paying the rent because they are not providing answers?

I have dealt with many similar matters before and my answer depends much on exactly what you intend doing about it.

You were clearly not treated fairly and the possible remedy that you might have is to apply to court to review and set aside the landlord's decision not to enter into the lease agreement with you. This is a difficult and costly exercise with no guarantees that you will win it as it would depend on ALL factors relating to this, including all discussions, the proposed and the ultimate final lease etc.

So, if you do not intend to invest a huge amount of time and money in pursuing this further, then this option is not really worth exploring.

You will unfortunately never be entitled to simply stop paying your rental due to the actions of the landlord. The two matters are unrelated and you cannot withhold payment of rental in order to force the landlord to provide answers.

The reason for asking my earlier question about the prohibition on the landlord is because such clauses are very common in lease agreements in a mall or building owed by one landlord. This might be worth exploring and I would advise you to peruse the lease agreement carefully in order to ascertain what the landlord's obligations are towards you and what your rights are.

If this is prohibited in the lease, you might have a damages claim against the landlord or you might be able to apply to court to declare the new lease agreement unlawful. You may also have the right to terminate your lease agreement based on breach by the landlord by allowing a competing business in contravention of the terms of your lease agreement.

I trust that this answered your question.

Please be so kind as to rate my service by clicking on the relevant stars or smiley faces. If you do not rate my service, I do not get paid by the website so Iwould really appreciate it if you would be so kind as to rate my service positively.

Kind regards

Christiaan K
Category: South Africa Law
Satisfied Customers: 205
Experience: Attorney & Director at Lombard Kotze Incorporated
Verified
Christiaan K and 87 other South Africa Law Specialists are ready to help you
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Customer reply replied 3 months ago
the problem is that they have already put another tenant there so I think that may be too late. I would rather like to know if I can make a case that they unfairly excluded me from the opportunity and that they seek to compensate me for the loss in this opportunity

Unfortunately no such claim is available in our law.

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Thank you for the positive rating.

If you need my assistance again in future, you may request me personally at: http://www.justanswer.com/law/expert-Attorneyza/

Regards

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Category: South Africa Law
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