Although a tenant's insolvency does not automatically terminate the lease or confer a right upon a landlord to cancel the lease, a landlord is not left without any remedies where a tenant is in breach of the lease before the tenant is wound-up.
A recent judgment of the Supreme Court of Appeal (SCA) in Ellerine Brothers (Pty) Limited (Ellerine) v McCarthy Limited, clarified the legal position.
South Africa, Insolvency & Restructuring, Litigation, Real Estate, Cliffe Dekker Hofmeyr, Landlord, Leasehold estate, Liquidation