South African Independent Tenants Association Proposed Joint Legal Action Against Landlords in the High Court
Submitted by: Elsabe Booyens Save to InstapaperJohannesburg, 30 June 2020 According to Statistics South Africa, 73% of small enterprises warned that if the lockdown continues for longer than three months, it is most likely that they won’t survive, we have now reached the point of no return for many small independent tenants.Dr. Ivor Blumenthal, CEO of SAITA says: “Truly Small Retailers and Businesses fall between the cracks when Governments recognise Small as businesses doing R80 Million Rand turnover instead of the more likely R15-R20 Million.
Landlords are used to bullying Small Tenants into leases and then holding them to those leases for ridiculous periods of time.”The South African Independent Tenants Association (SAITA) has engaged with counsel to establish what relief there is in law for SAITA members against Landlords who persist in demanding full or part rentals during the period of the Covid-19 pandemic.
400 Independent Tenants have already joined SAITA as members and are now part of this very vital case. SAITA’s objective is to approach the High Court on behalf of members to rule on the interpretation of rental clauses insofar as they relate to the Covid-19 pandemic. Specifically, whether tenants are obligated to not pay rent or to have rent already paid refunded. SAITA will be the party undertaking the action to ensure no reputational risk for tenants with their landlords.
“We urge all SAITA Members, and Retail, Commercial and Industrial Tenants who have not yet joined SAITA to join us, in what we believe will be the most important and worthwhile cause which you will have, to benefit both your businesses and yourselves as the people responsible for funding those businesses. We have no idea how long Covid19 will continue to play havoc with our economy and your business.
Even if you have re-opened your business, we believe you should be compensated from unnecessary Rental charges for April, May and for as long as this Lockdown lasts. This is the best solution which SAITA can offer you,” says Ivor Blumenthal, CEO of SAITATo join SAITA and be part of this landmark action, email saitacommunication@gmail.com with YES COVID LEGAL in the subject line. We will email willing participants a schedule explaining what we believe are affordable costs and an explanation of all documentation required from each participant.
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