A tenant who remains in occupation of a property despite cancellation of the lease is said to be "holding over" and is liable to the lessor for damages.
The SCA held that the right infringed entitled the lessor to claim all damages, whatever their source, provided that the requirements for ordinary or special damages in contract were satisfied or they were foreseeable and not too remote in delict. They are not restricted to market related rental. Where, for instance, the unlawful occupier continued to trade, there was no reason in principle why costs for which the lessor was liable in respect of the premises, such as water and electricity, should not be recoverable.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.