Unjustified Enrichment: The Rights of Tenants to claim a lien in Respect of Improvements
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2006
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Annual Survey of South African Law
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University of Cape Town
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Faculty
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Abstract
The right of urban tenants to claim liens (to ensure the payment of compensation by their landlords for necessary and useful improvements that they had made to the leased property during the currency of the lease) was dramatically reinstated in Business Aviation Corporation (Pty) Ltd v Rand Airport Holdings 2006 (6) SA 605 (SCA), turning around an approach that many, including myself, (see 1993 Annual Survey 229 at 237ff and 1994 Restitution LR 261) had accepted as correct. (The decision in the court a quo is discussed in the chapter on the Law of Lease.)
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Reference:
Visser, D. (2006). Unjustified enrichment. Annual Survey of South African Law, , 293-300.