Avenant Attorneys - LawDotNews March 2020 | Running a Business in a Residential Area – Check Your Zoning First! https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yRO/JtRSVwr/oxBATn/zkYGWTBa7aDJBInOxjxCfxHcjTys1w1FipMOs/st1ynw1W1rc0B6iRs4ZN9oUt8btNUchCRo70M0UcJfwTx+su24o7rz44W64JoZSLa5VcSNZKcFtdYmzbPmdZLf/n/Up3Li Avenant Attorneys 01 March 2020 If you would like to run a business from home or to buy a residential property specifically to convert it into business premises &ndash; or indeed on the other side of the coin if you want to object to a new business opening up in your leafy suburb &ndash; you should be aware of a recent High Court decision in which a small 8 am &ndash; 4.30 pm office was ordered to stop operating in a residential area.&nbsp; The Court addressed questions such as &ldquo;Who can apply for an interdict?&rdquo;... February 2020 | Does an Expired Lease Automatically Continue Month-to-Month? At What Rental? https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91ySxOKmXjXB8HOrW02moJZstv6wxik6Py5hj1vQ6uj6kc87fBI4LzAHTOBKyrtyGe8zUcufxS5wbyjzd8ZlMPeDe58ynDPjKx2R5vVVeXeoJaaDrILvyvh1Bks0gwHluMJD53f6FdIohqeZrSe7EYCqG Avenant Attorneys 01 February 2020 What happens if your fixed-term lease expires without an extension agreement? Is there any lease in place at all? If so what terms and conditions apply? What rental is payable?&nbsp; We discuss the answers to those questions with reference to the Rental Housing Act and to a recent High Court judgment in which a landlord, in claiming damages from an ex-tenant, relied on a verbal agreement to increase rental after expiry of a written lease. We end off with some thoughts on what your lease s... January 2020 | Before You Start a New Small Business in 2020 … https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yRFJNmyGEZGzG6470QXEOTWUde4PSL9HDR1wlWQrNinN3wbXHILDBajJiUftd9Abl+Iou64tLPNxede6hS5YI94CTlwJGMAP5iw5eMS6xHLNUkZXgW4d9MHxyHMchz8quc9o40IxPi7X/FPagYeQtID Avenant Attorneys 01 January 2020 Whatever 2020 may bring us in the way of opportunities and challenges, starting a new business will always require careful planning. So if you have any thought of embarking on the exciting venture of becoming an entrepreneur for your own account, make sure to map out a comprehensive plan upfront. We share 9 tips on how to get that planning process underway, with hyperlinks to an online &ldquo;Entrepreneurial potential self-assessment&rdquo; quiz, to information sources on crowdfunding, an... December 2019 | Property Sales and Trusts: Demand Proof of Trustee Authority https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yQLGo2PPLYyKyR2U2ChI07QeSxKw6DDqz5CZ8+L7E4iEx/orG816Xy1KpMBj0ANRyw7hySjsHW8sS9lozPp8/zFRlFB9Ln6P/plgPZEU0n8bItFZwHhIShH7lxDi8xX9pHDlJSZJUKsjCb8AxreEo3s Avenant Attorneys 01 December 2019 Selling property to a trust comes with a particular risk, and it&rsquo;s one that - although easily avoidable - still seems to catch sellers unawares on a regular basis. Not checking that the trustee/s signing the offer to purchase/deed of sale are fully authorised to do so could leave you with no sale at all. We illustrate the downsides of not checking for trustee authority by discussing a recent Supreme Court of Appeal judgment in which a seller&rsquo;s R3m claim came to naught, because on... November 2019 | "Seller’s Remorse" and "Subject to Sale of the Buyer’s Property" – Can They Sink the Sale? https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yQ2Ju8hMZmcz1OJPXohywwPsmcBYlTj5VHVjta2x017eym2a4fHRFnpG6SDitHDOMNw7gmTSL6GEjo9I72T4WW/h0oV/d9un2ljo7SoTRixXV4uFQ1RPOv5DaiwjyAnj1qAtfhJXyhdTCGmvzSEFI8x Avenant Attorneys 01 November 2019 Holiday Season can be an ideal time to buy and sell residential property, and if you are in the market for a house &ndash; or about to put yours up for sale &ndash; be mindful of the fact that both &ldquo;seller&rsquo;s remorse&rdquo; and sales with suspensive conditions (like &ldquo;subject to sale of the buyer&rsquo;s property&rdquo;) are much more likely now than they have been for some time. So both buyers and sellers need to understand whether it is easy or difficult for a seller to esc... October 2019 | Landlord vs Tenant: When Can You Cut Electricity or Change the Locks? https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91ySmRplSgjHfG6QtVbe6Csu3iMxMQYr1vV34V5xQY0xMBPFwQsNm3WMB9gjPz1IFrxI3DeG3wytGfBkwtrfI3zNwU5aKC7aAJTA39nZZ9JtGH+X9JbtSsDiqubYCYxs0C5noK6agwrEk1RAvAVxKMa8A Avenant Attorneys 01 October 2019 Landlord vs tenant disputes can quickly escalate into protracted and expensive litigation, and as a landlord you may be tempted to take the law into your own hands by changing locks, cutting electricity etc. We analyse our law in that regard, explain what a &ldquo;spoliation order&rdquo; is and what a tenant must prove to obtain one, and discuss a recent High Court case in which an internet caf&eacute; owner in a shopping centre disputed her landlord&rsquo;s method of billing for electricity... September 2019 | Your Will: What You Can and Can’t Do https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yQvIIDhqB2Eknk5tf5Gc6juVpPRaCAHlCOrFMQ9hawNPlQ91AaHhamgDH5HEn2n7KJXTQCg8R7k85Xrv1kf1r4wcmQIYtN+V36YZIC/Rfc1br2tyiAXno/hUfE/ntN1P3XtE/oZdWRDibnHiQeZp/np Avenant Attorneys 01 September 2019 A properly drawn and executed will (your &ldquo;Last Will and Testament&rdquo;) is the only way for you to ensure that your loved ones are properly looked after once you are gone.&nbsp; Perhaps most importantly, only by making your own will can you specify who is to inherit what from you. But is your &ldquo;Freedom of Testation&rdquo; limited in any way? Can you disinherit your spouse, or your children? Who chooses who will benefit from your pension and retirement funds?&nbsp;&nbsp; These... August 2019 | Beware of Property Cyber Scammers https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91ySoUUtS/DEk7f9Q/gb4+9ufnf4uE7HJGxHE7CE0lCfQVOURBzc3+0sHd79V5G0xj6Y0gzCc3tIrf7Tg59b4qau1IfPMOFCzaD3mZNt7AVnwvIrONGknI+wY8Vfhz81BYbYNwcL3f0cMWAUDRdkn80Qx Avenant Attorneys 01 August 2019 Forewarned is forearmed!&nbsp; Here&rsquo;s another warning about cyber-scams in the property industry because the more they increase, and the cleverer they become, the more vital it becomes for you to be aware of them and to protect yourself from them. Remember that you become a prime target when you buy or sell property &ndash; the rich pickings on offer when property is involved make sure of that. So we&rsquo;ll have a look at how these cyber-scams work, at how you can protect yourself... July 2019 | Property Transfers and Trust Account Theft: A R720,000 Warning https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91ySl5G3QA4u8BbejvLhEQnTsXlbFLaPvpv7BPzRm1GIbHE77s0uaAwhtq4Wuys0CQ+DqRMR8tcbsUM/pumL2jh1P1WSQjkPuwQ86i7jN79QPMcXSesVKRq7r0u01c/vmVKAdHSJul9ECLBnLeZRroBQJ Avenant Attorneys 01 July 2019 Buying a property, whether to live in, work in or just as an investment, invariably involves a substantial amount of money changing hands. Whether you are the seller or the buyer, the last thing you want is for the money to be stolen by a dishonest transferring attorney. If it happens, who carries the loss? Must transfer still be passed to the buyer? Who must lodge a claim with the Legal Practitioners Fidelity Fund and hope that it pays out without delay? A recent High Court case involvin... June 2019 | You Signed a Property Sale Agreement, Can You Still Accept a Better Offer? https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yQpaQ2gSDG5CETrZRv4LWtcriqMKg6QQv9BR7q68QlEJggOxJ26A1juJ5DaRP/MTjMyhJD3sqoLfp7Q7zksApSAmvPTYx65NxCJIOjl0nxFY+Zbko4d7tIZmeXtkwIOXjNgwUTtdrYCYo+opkqx6SbC Avenant Attorneys 01 June 2019 Selling property, particularly your own home, is one of the more stressful events in life. Will you get the right buyer? The best price? What if it all goes wrong? Then an offer comes in that is acceptable, but not perfect. If for example there is a bond clause and the buyer&rsquo;s bond application fails a month down the line you&rsquo;ve lost all that valuable marketing time. You&rsquo;ll never know whether you just missed the &ldquo;perfect offer&rdquo; while your buyer filled out bank fo... May 2019 | Security Estates: Can You Fine Speedsters? https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yQIDAJi0jB4epGmT7JopIYYddNNXKKrZ2DeDVhG+3xiU600dRF5Kjzx55Sn9DYqYydC85QB6KEUFXSAQnnYudWY6IR3L9QfqmXfc/b3nS2BPWpDIWOfcYr3+EICmtF5xmUmsPsBGuOARSwf1m5jmVbo Avenant Attorneys 01 May 2019 Buying property in security estates and other community schemes comes with a range of benefits, but it&rsquo;s important to be aware of all the rules and regulations you are agreeing to - our courts will almost always hold you to them! For example, Home Owners Associations and Bodies Corporate will welcome a recent Supreme Court of Appeal decision upholding the rights of a golf estate to impose a 40km/h speed limit (and penalties for breaching it) on all homeowners, tenants and guests using ... April 2019 | Your Dog, Cat or Cow (Even Your Bees) Could Cost You Millions https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yQJXEwP0CQ0iA3ufxGHPvhssIUanaN4TIJdXuyihn2kv0CMU7WPV8gwEPw3crAwLZzj56RB1lmQIUiJdqpeJmB1c3MZgJBxSWwMLmes+RfvKfmqFEkIox/zSW0aksneYHkk4NkvAR07PIMfpPNU+6RH Avenant Attorneys 01 April 2019 We all know that causing someone else loss either negligently or intentionally lays us open to being sued for damages. What is less well known &ndash; and in this case ignorance is extremely dangerous &ndash; is that animal owners can be held liable for loss or damage caused by their animals on a &ldquo;no fault&rdquo; or &ldquo;strict liability basis&rdquo;. You can be sued for millions when you are in no way at fault. On what basis can you be held liable? Are there any defences you can ... March 2019 | Property Buyers: Beware Unlawful Occupiers! https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yRCFd71EMfnJl3UBizVJhFZLMp9+/hoftcfb0SFmYPIn1xgFst3pZ/0Luc7t3E4xyG+ZhZ74Xd/pPjTBqAOkHRu4OIz2wLtTP7sHW0Oaq+0F9OkoAqwlRDQukLuVnQzuOSVvTQVVswEN4xIYquMUCyq Avenant Attorneys 01 March 2019 If you plan to buy a house before the property market starts to recover from its present doldrums, be aware of the risks you face if anyone is currently in the property. A recent High Court decision illustrates the danger of your being unable to evict unwelcome occupiers who point-blank refuse to leave. We&rsquo;ll analyse that decision, and the lessons to be learned from it, after summarising the two things that PIE (the Prevention of Illegal Eviction From and Unlawful Occupation of Land Ac... February 2019 | Property Owners, Buyers and Agents: Check for the Title Deeds Before 25 February! https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yTNVlOnxWvg4PZysntRNYUA0XmcJbLJmpqVPn0qV6+U4IS46pi+mgImpAZ8tqPpOMhs09WyBkKcUlVa3/Ut9E+kyTh4q+jcSHvGNnydZJdzL7t50b3ZHhp8inWyEdPOfDIwQGSh+jujWFQd8G5aA2qT Avenant Attorneys 01 February 2019 <em><span style="color: rgb(31, 73, 125);"><strong>UPDATE:&nbsp;</strong>Relax, the 25 February deadline has fallen away! Since publication of this article on 1 February, the Chief Registrar of Deeds has advised that &ldquo;&hellip; the Deeds Registries Regulations Board at a meeting on 19 February 2019, resolved to suspend the implementation of the amendments to regulation 68, as referred to above, until further notice.&rdquo; The amendments as they affect you will now be re-drafted, and we wi... January 2019 | Paternity Leave and Minimum Wages – How Will The New Laws Affect You? https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91ySL46/vyjH8zl/ZBE5rQi5svA+Qal2lqjn1sIBRqWRhEZO2fM9SSavjdaKFXukMAJkbHNxKkjfo1MPRvOrdik7N2Rm9Mq6VLfuVwQRAwqEvQH7e3B48keoNQ5o2avikKb/f39dKYI932OSrauCoMu5Y Avenant Attorneys 07 January 2019 Both employers and employees should be up to speed with the new labour legislation which will affect all businesses and individuals on one level or another. Firstly we discuss the new &ldquo;parental leave&rdquo; provisions relevant to fathers, adoptive parents and commissioning parents in surrogacy agreements. Next we look at the new National Minimum Wage and the different hourly rates applicable to various categories of employee. Finally we&rsquo;ll address new provisions relating to... December 2018 | Buying Property this Festive Season? Check the Title Deed First! https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yRfukB56JC8zuKfF18pQ/GTsgzHuUr23TkeGVI5TszSuMJ9orwlh1yvR5bsuPTh3nOKuILIkoXCaaiC2E1dfs18WCjnWzpnEHTY5sa1AAfmmwgLOMS8cYlv6by4z3Y5GjdCkZTGlcgFW+6k+7CsJEF1 Avenant Attorneys 01 December 2018 If cowboy Will Rogers&rsquo; practical advice &ldquo;Don&rsquo;t wait to buy land, buy land and wait&rdquo; has you looking for a property to buy this Festive Season, don&rsquo;t miss out on an invaluable source of relevant information &ndash; the title deed. What you find in the title deed of your prospective purchase could make or break your decision to buy it, and it will certainly impact on how much you want to offer.&nbsp; We&rsquo;ll tell you what a title deed is, why it&rsquo;s imp... November 2018 | Can I have pets in a residential complex? https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91ySm3/jjWoT0gAeDwVYr+fgb+1Me8P86ckzFoKg2inpt2pqe2C1LrMQOWJjURHuCSLoUt5g4Jk7HkFeE0iDjPiNcjo68Oqd1kChxHXtjmt5RNe8FFH5bHTUv5yTsMCocxFVHWcLte7mOWf2kj+FtnvOr Avenant Attorneys 01 November 2018 Life in a residential complex comes with many benefits &ndash; hence the increasing demand for apartments and security estates - but it also means sacrificing some of the freedom of choice you would enjoy if you were entirely on your own. For example, pet ownership is often a contentious topic in community schemes, so in the common interest it&rsquo;s likely to be regulated by the scheme&rsquo;s Conduct Rules. Read on for some ideas on how to establish what your legal rights are, with adv... October 2018 | Selling Your House: Disclosing Defects https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yQ1Fk8llVL9Mld8N42khILH/IdRitrGXR9NqE3BPvzMrUmddDrIpJcbSFsVkzZjlBeWCYMSDM8REySw6YdIgq8C2lSN763xlJSlNAW3P0CGkeYVgwsg3WZZBxavSnFJaK6ueZvuCZkw2eHAZks+TBte Avenant Attorneys 01 October 2018 When you sell anything, our law requires that you deliver it to the buyer without any defects. That&rsquo;s not easily achieved with property and you should always protect yourself with a <em>voetstoots</em> (&ldquo;as is&rdquo; or &ldquo;without any warranty&rdquo;) clause in your sale agreement. But, as a recent High Court case involving a house with roof leaks, defective pool equipment and a list of other defects shows, that won&rsquo;t protect you if you acted unlawfully in failing to di... September 2018 | Do You Need a Will? https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yTNJiqvlZhjqEunptTUdjtGG2xnTCAtTzJOM4pI+5AQMgKW54Iaw50u5h6ybzywLd04k/TIv2QtYnf50uoAwyqv7aKHAdcnRcREkEV7IHPXZ1O8CsXqMC5Yh+DpEhgx9Yeyv+MM4gOofOckb/ReLp61 Avenant Attorneys 01 September 2018 We all die, and we all know that it is up to us to ensure the happiness and well-being and protection of our loved ones long after we are gone.&nbsp; But it&rsquo;s not easy to contemplate our own mortality, nor is it easy to find the time in our busy schedules to attend to even the basics of doing so. This article is about the one basic that needs your <strong>immediate</strong> attention. That of course is to make your will. We look at exactly why a will is essential, at what happens to yo... August 2018 | Your Body Corporate and Arrear Levies: To Sequestrate or Not To Sequestrate? https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yRI51N5QfLb4TG3QK8yjAbmWLQYDFgyhUMefrs2VFGGn+UVwWbNyoxK8eEW1eC0sM+wX2O24Ol/595q0MUq1FS+pAHiNMh/bTZBe3I5VN144xjzamsIzDKb1J+iSouG9TjWXCE1Nf7+nAX6HoHdgzWy Avenant Attorneys 01 August 2018 As a Body Corporate trustee you will understand how important it is to collect arrear levies from defaulting owners. And of course as a section owner you have a personal stake in the process. When normal debt collection processes fail, what do you do? Sometimes it makes sense to apply for the debtor&rsquo;s sequestration (just the threat of that has been known to scare even the hardiest of debtors into paying up!) - but beware the &lsquo;danger of contribution&rsquo;. We discuss what that...