Lease Agreement Breach Consequences

Summary

Z breached the lease by serving alcohol and hosting parties, prompting S to change locks. In South Africa, Z can apply for a spoliation order to regain possession if they prove possession and unlawful deprivation.

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Z rents a billiard room in Newtown from S. In terms of the lease agreement Z is not allowed to serve alcohol on the premises or stay open after twelve at night. S and Z insert a term in the agreement entitling S to take control of the premises if Z contravenes any of the terms of the lease. Z serves alcohol to his friends on the premises and holds rowdy parties until sunrise. The neighbours complain to S about this. S removes the locks from the building and fits new locks. He locks all entrances to the premises and effectively debars Z from using or entering the premises. Z applies for a spoliation order.
To assist you better, could you please confirm the location (city/state) where this incident occurred? This will help in understanding the local laws that may apply to your situation.
South Africa
In your case, Z can apply for a spoliation order to regain possession of the premises. In South African law, a spoliation order is used to restore possession to someone who has been unlawfully deprived of it.
- Requirements for a Spoliation Order:
- Proof of possession of the property.
- Proof that possession was unlawfully taken.
If Z meets these requirements, they can approach the court for relief.
Would you like information on how to proceed with the application?