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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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.
read more
 
NOTE FOR ATTORNEYS:   Judgment in the matter of Taddese and Others v Peer NO and Others (5250/2016) [2016] ZAKZDHC 26 is on  Saflii


Are You David Trying to Sue Goliath? Consider Litigation Funding
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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.
   
read more
 
NOTE FOR ATTORNEYS:  This article was authored for LawDotNews by Brandon Irsigler of Jericho Fund www.jerichofund.co.za.  You can contact Brandon via email brandon.irsigler@jerichofund.co.za or on 010 312 5072.

For a discussion on our courts’ attitude to the legal status of litigation funding, have a look at "Litigation Funding and the Law” on the Jericho Fund website here.  
Sectional Title Schemes: New Reserve Fund Requirement and Other Key Changes
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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).
   
read more
 
NOTE FOR ATTORNEYS:  The Ombud Service has the Sectional Titles Schemes Management Act No. 8 of 2011 (and also the Community Schemes Ombud Service Act No. 9 of 2011 with which it is closely intertwined) - on its website here, with the Regulations downloadable here.
All “Community Schemes”: New Rules and a New Ombud You Need to Know About
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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 –
   
read more
 
NOTE FOR ATTORNEYS:  The Ombud Service has the Community Schemes Ombud Service Act No. 9 of 2011 (and also the Sectional Titles Schemes Management Act No. 8 of 2011 with which it is closely intertwined), as well as downloadable CSOSA forms, on its website here, with the Regulations and levy calculator downloadable here.
Your November Website: Tapping Into a Wellspring of Creativity
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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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NOTE FOR ATTORNEYS:  No notes for this article.
         
 

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