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November 2016 Newsletter

Bad Tenants: Can You Lock Them Out?

It’s very tempting, when you have a bad tenant who doesn’t pay his/her rentals or otherwise remains consistently and unapologetically in breach of the lease, to slap the biggest and strongest padlock you can find onto the front door/driveway gate.

Don’t do it!  By taking the law into your own hands you immediately put yourself in the wrong and can land yourself in all sorts of trouble with unnecessary delays, extra legal costs, perhaps even a damages claim.


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Are You David Trying to Sue Goliath? Consider Litigation Funding

Justice should be accessible to us all, but regrettably litigation, particularly in the higher courts, can be an expensive process and thus out of reach unless you have both deep pockets and nerves of steel.

To the rescue comes a concept which, although relatively new in South Africa, has been successfully implemented overseas – litigation funding.  The “Please Call Me” case is a recent high-profile example of how the practice is starting to gain traction locally. Note that whilst some funders concentrate on commercial litigation, others have a much wider mandate.


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Sectional Title Schemes: New Reserve Fund Requirement and Other Key Changes

The Sectional Titles Schemes Management Act (“STSM”) applies only to sectional title schemes and replaces the old Act’s Management provisions.  It came into effect on 7 October 2016, together with the related Community Schemes Ombud Service Act (see next article).


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All “Community Schemes”: New Rules and a New Ombud You Need to Know About

The Community Schemes Ombud Service Act (“CSOSA”) came into effect on 7 October, together with the related Sectional Titles Schemes Management Act (see previous article). CSOSA applies to all “Community Schemes” (residential, commercial and industrial) including –


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Your November Website: Tapping Into a Wellspring of Creativity

Creativity has always been a fundamental resource in both entrepreneurial and personal success.
  
The exciting thing is that scientists, as they dig deeper into the secrets of our brain circuitry, are continuously discovering new ways for us to tap into our own wellspring of inventiveness and new ideas.



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Disclaimer
The information and material published on this website is provided for general purposes only and does not constitute legal advice. Please consult one of our lawyers on any specific legal problem or matter. We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages.

Smith Bekwa Incorporated Attorneys
6th Floor, Surrey Place 291 Surrey Avenue Ferndale, Johannesburg
Tel: 011 462 7842 / 011 704 2802



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