n Without Prejudice - Tenants' rights : property law

Volume 11, Issue 6
  • ISSN : 1681-178X



As the common law stands, transfer of ownership of immovable property automatically transfers an existing lease of the property concluded with the previous owner, to the new owner as landlord. The tenant is not entitled to resile from the lease agreement when the previous landlord is substituted by the new owner. The tenant may, however, have legitimate reasons to object to the application of this common law rule, on the basis of the protection afforded by our Constitution.

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