Barker v Beckett & Co Ltd [1911] ZATPD 31 (24 March 1911)

Landlord and Tenant - Renewal of Lease - Formality Execution before Notary - Procl.8 of 1902, sec.29 (1)

Repairs - Structural Defects - Dutiies of Landlord and Tenant - Right of Tenant to Cancel - Specific Performance of Contract to Repair and to Insure

The exercise of a right to renew a lease, by written notice from the lessee to the lessor during currency of the lease, by virtue of a stipulation contained therein, does not amount to the execution of a new lease and, consequently, such a lease, executed prior to the enactment of Proclamation 8 of 1902 and renewable thereafter, may be renewed validly without recourse to a notary

Under a covenant to keep the premises in good repair during the continuance of the lease, a lessee is not bound to execute repairs, necessitated by faulty construction of the building and not patent at the time of the execution of the lease.

Such a lessee is not entitled to cancel the lease on the ground of structural defects, not patent at the time of execution of the lease, unless such defects substantially interfere with his use and enjoyment of the premises and he has called upon the lessor· to rectify them and he has failed or refused to repair.

On the ground of uncertainty the Court will not specifically enforce a contract merely to repair or to insure a building.