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Wilbrink & Associates were recently involved in two very similar cases. Both involved the termination of a lease agreement.

In the first case the tenant decided to terminate the lease on grounds that the noise levels emitted from the neighbor were too high. Wilbrink & Associates were called in by the owner as specialist in 2010 to evaluate the noise levels. We found that they were well within the limits specified in the relevant legislation and applicable standards. The tenant got other advice and decided to litigate. After some six years the case eventually landed in the Supreme Court where the matter was settled. The Land Lord got what he requested and the tenant at the end of the day had to settle a bill for over R 1 million.

In the second case the tenant approached Wilbrink & Associates with the request to mediate between him and the Land Lord. The tenant obtained larger premises that suited him better. We approached the Land Lord who agreed to mediation. The case only required one session of mediation in order to reach an amicable settlement. The tenant had to pay an extended notice period in order for the owner to find a new tenant. The total bill for the tenant came to less than R 250 000. Both parties were happy with the settlement.

From this comparison it can be seen that mediation is the way to handle such cases.

For more information call Frans Wilbrink on 083 265 3805 or e-mail him at wilbrink@icon.co.za alternatively visit our website www.wilbrink.co.za