IT’S the end of an era for the Beachwood Country Club in Fairways, and although there is a new development on the horizon for the now vacant property, its demise has not come without drama.

The Sheriff of the High Court recently evicted tenants and removed their goods and belongings after Beachwood Investments (Pty) Ltd (BI), the owner of the property, was granted an eviction notice.

Also read: New Eswatini air route to Durban set to boost tourism and trade

Beachwood Investments says the tenant, Simon Draycott, had not paid rent for 15 months.

Draycott doesn’t deny this and claims there are a series of events which led to the non-payment.

He explained that the first lease started in July 2020. As a resident on Fairway, Draycott said he noticed the greens and course were not being properly maintained, and being a member of the Durban Country Club (DCC), he made an enquiry to establish if there was any news on the development by the new owners, Beachwood Investments (Pty) Ltd.

This lease, he said, was done as a ‘tri-party’ agreement. The DCC had initially entered into a three-year lease directly after the initial sale of the land to BI, to maintain and run the course up until BI’s plans were granted to start building. DCC was ‘paid’ by BI to maintain the course at a rental of R125 000 a month.

The second part of the agreement was the agreement between Draycott, his partner and BI.

“My rental was to be R1 000 per month, excluding VAT, until December 2021, with an extension option. The reason for this low rental was due to ‘Haram’, a Muslim phrase that [in this context] means that a Muslim may not be involved in any activity or profit involving the buying and selling of alcohol,” said Draycott.

He went on to explain that the third part of the lease was DCC handing over the golf club and course in the same condition it was when they sold to BI three years prior.

“Also, an integral part of the lease was that DCC would retain all licences up until we had acquired our own. These included the liquor licence, however, we learnt that Beachwood Investments had cancelled this without our knowledge. Golf and alcoholic beverages go hand in hand. How was the business to survive without being able to serve alcohol?” he asked.

He said the lease was also subject to Beachwood Investments obtaining a rates rebate, which he claims never surfaced.

He said when December 2021 arrrived, it was time to discuss an extension as no construction had commenced.

New lease

“This was when we learnt that our lease was no longer R1 000 excluding VAT, but R200 000 excluding VAT. With VAT, the rent was R230 000, and in addition, we now had to pay R200 000 in rates, bringing the grand total to R430 000,” he added.

Draycott said his legal team sent out emails to BI, stating that the liquor licence had to continue and the rates needed to be excluded from the lease.

“We had no idea, at this point, how much was owed because in the initial lease, rates was zero-rated as the land was deemed a non-profit entity. BI insisted that this rates issue was being taken on appeal and within a month or so would be back to a zero rate.”

Also read: Police arrest man linked to shooting in Greenwood Park

“They only applied in March 2022, some three months after our new agreement was signed, and it was only valid from July 2022. In other words, we were never getting a rates rebate,” said Draycott.

He said that he and his partner had accepted the lease in a rushed state and under the pretence that rates would revert to zero.

“Rent was paid as were rates for the first month. Roll on February, and there was still no sight of the rates rebate as promised. I have proof of this,” he said.

Then in February 2022, Draycott said he and his partner decided to exercise their right to relook at the rent.

“The fight was on. The eviction was very emotional for all concerned, and it pains me that the developer, through lies and deceit, put 81 families into a dire financial position.”

“I was incredibly lucky to work with some amazing staff. There were roughly 81 of them who are now devastated. It was the manner of the action by the sheriff which was beyond appalling. This has now affected 81 families who are now potentially with no jobs and no money. It’s very sad,” said Draycott.

Non-payment

Representing BI’s board of directors, Gavin Strydom confirmed that the tenant, Simon Draycott, had not paid rent for 15 months so they were left with no choice.

Speaking to Northglen News, Strydom said Beachwood Investments (Pty) Ltd is a group of local businessmen who recognised the Beachwood Golf Course property as a brilliant opportunity for sustainable living combined with environmental preservation.

“When the property first came onto the market, there was an immediate vision for an iconic development of a specialised nature in the heart of Durban,” he said.

BI then purchased the property from Durban Country Club and immediately leased the property back to Durban Country Club after the transfer at a nominal cost while funding their operational losses.

“As developers, we did this to keep the course in a reasonably good condition for the sake of the neighbourhood and the environment.”

He said the BCC Golf Course, represented by Simon and his partner, first became a tenant on August 1, 2020.

“A revised lease was signed with BCC Golf Course, represented by Simon and his partner, on January 1, 2022, where all terms and conditions were documented, accepted and signed,” he said.

Commenting on the rise in rent, Strydom said the municipality had substantially increased the rates on the property, and this, together with other holding costs, necessitated that a revised rental be negotiated, which was agreed upon by the tenant and subsequently signed.

“A rates objection was lodged with the municipality, and the tenant and the developer were to share in any rates refund according to the proportions paid towards the rates,” said Strydom.

New lease signed

He said Simon and his partner signed the new lease, paid rent for a month and then never paid again.

Commenting on the issue of the liquor licence being cancelled, Strydom denied having any involvement in this.

“The liquor licence did not belong to Beachwood Investments (Pty) Ltd and hence Beachwood Investments (Pty) Ltd would not have the ability to cancel the liquor licence. In any event, it would be a senseless thing to do since we needed a paying tenant,” he said.

With regard to future plans for the property, Strydom said there’s a first-class development on the horizon.

“There’s a first-class development that will lift up all property values in its vicinity and that will offer safe and secure living with super lifestyle choices while positively contributing to environmental sustainability and economic stimulus,” he added.

The Durban Country Club did not offer a comment at the time of going to print.

For more from Northglen News, follow us on Facebook, Twitter or Instagram. You can also check out our videos on our YouTube channel or follow us on TikTok.