The Edenvale Panthers Rugby Club has secured a legal victory in its bid to evict Burtnett t/a Offside Pub from its premises following months of unpaid rent.
The club has a partnership with the Ekurhuleni Metropolitan Municipality, under which it leased a clubhouse for the dual purpose of serving the club's members and functioning as a public house. The lease agreement commenced in 2014, with subsequent renewals in 2016, and facilitated the establishment of the pub on 17th Avenue in Edenvale, Gauteng.
Originally, the terms of the lease were mutually adhered to. However, a concerning development arose when Burnett ceased rental payments from August 2022, following a notice to vacate given by the club. This led to the club initiating legal proceedings to reclaim possession of its property, citing the respondent's failure to comply with the lease terms.
In defence, Burtnett raised several grounds for opposition to the eviction application. Firstly, it argued that the resolution authorising the eviction proceedings was invalid because only three members of the club's executive committee signed it, while its constitution mandates a minimum of four members. However, the court determined that the process was valid, asserting that the club's constitution allowed variability in decision-making procedures.
Another contention from Burtnett was that the club lacked authority to seek eviction due to the ownership of the premises lying with Ekurhuleni Municipality. The Gauteng High Court in Johannesburg addressed this concern by highlighting a letter from the municipality that confirmed the existence of a lease with the club, dismissing Burtnett's objection as self-serving and without merit.
Burtnett t/a Offside Pub must vacate the property by 28 February 2025. Picture: Edenvale Panthers Rugby Club/Facebook
Moreover, Burtnett claimed to have incurred expenses for improvements to the property under a verbal agreement with the club, arguing for a set-off against its rental dues. The court was unconvinced, noting the absence of any written agreement supporting these claims and stressing that any such action would necessitate separate litigation.
When all was said and done, Judge A Millar ruled in favour of the Edenvale Panthers Rugby Club, ordering Burnett as well as all related parties to vacate the property by 28 February 2025, failing which the Sheriff of the Court is authorised to enforce her eviction.
#Conviction
