Commercial properties under our law of lease

Abstract

This study is driven by the common belief that the current regulatory framework for the rental market does not treat contracting parties on an equal level but tends to favour lessees. Judgements in this sense reflect these tendencies, resulting in counter actions by lessors at the European Court of Human Rights (ECHR). These decisions raised the issue of the individual’s right to free enjoyment of property and the situation developed into one where lessees were delivered with eviction orders. Lessees which classify as a musical entity were handed out solutions to ease their plight in securing premises to function from, businesses, most of which are Small to Medium-sized Enterprises, were left to fend on their own and find their own solutions, which situation was a cause for great discontent among the SME community. The assistance to band clubs was justified through the argument of public interest. The lack of action in favour of businesses remained unexplained. This research will consequently analyse the local rental market situation, specifically noting the development of affairs, with particular respect to leases to band clubs as compared to those with businesses. The discussion is guided by the relevant legislative framework, local and ECHR judgements, as well as academic theories. The study concluded that there really exists an imbalance against lessees of commercial tenements, however since the right to free enjoyment of property prevails, business owners, unlike band clubs, are still left without options.