PSPF DEMANDS E571 248 RENTAL ARREARS

... Institute for Health Measurement fails to pay rentals from April to September 2018  MBABANE – The Public Service Pension Fund (PSPF) is demanding E571 248.42 from the Institute for Health Measurement.

The money which the fund is demanding from the defendant (Institute of Health Measurement) is in respect of rental arrears.
 The Institute of Health Measurement is alleged to have breached the agreement of lease in that it allegedly failed to pay rentals for the period of April 2018 to September 2018 while in occupation. 

PSPF does not only want the defendant to pay the rent arrears but is further seeking an order for the cancellation of the lease agreement between the parties and subsequent ejectment from the premises.
PSPF has since instituted legal proceedings against the defendant where it is seeking an order that the latter should be compelled to pay the aforementioned amount.

The Institute for Health Measurement is a company with limited liability duly registered and incorporated in terms of the Company Law of Eswatini, carrying on its business at the 3rd Floor East Wing, Mbabane Office Park Building in Mbabane. The building where the defendant’s offices are situated is owned by PSPF.
In its particulars of claim, the plaintiff (PSPF) alleged that in February 2018 it entered into a written agreement of lease. According to the plaintiff the parties agreed that the defendant would hire the premises in terms of the lease.

It was also alleged agreed between the parties that the lease would be for a period of one year, the termination dated being January 31, 2019.
According to the written lease of agreement, it was further agreed that the sum of E70 321.35 (exclusive of VAT) would be rent payable for each month of the first year, subject to escalation at the rate of nine per cent per annum.
It was further allegedly agreed that the defendant would pay a rent deposit of E70 321.35 before taking occupation.

Claimed

PSPF claimed that it was also part of the agreement that if the defendant defaulted in making any payment on the due date under the lease and remain unpaid for seven days after notice requiring such payment had been given to it, the plaintiff would be entitled to cancel the agreement and retake possession of the premises.

The plaintiff and the defendant, according to the written lease, PSPF would also be entitled to recover all costs incurred in securing the defendant’s compliance with the provision of the agreement which cost would be taxed on a scale as between an attorney and it own client.

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