Hi we bought a property to hold, until o...

Asked by penelope on 22-10-2024 19:34:25
Question posted in the Landlord Tenant Law category relating to Western Cape

Hi - we bought a property to hold, until our children were of high school going age as the property is close good schools and would facilitate a campus lifestyle. In the interim (2 year lease) we rented out the property to cover costs. However the tenants have since given notice for an early cancelation by 3 months. And now claiming CPA that 20 days notice is within their rights & penalties will not apply? Putting us in a predicament as we cant advertise for such a short period, we will be moving in in 4 months time. Having already allowed a 2 month early termination clause because it suited both parties. But a 3 month early termination does not. The reason for early termination is cause they bought another property failed to state a delayed transfer date as a result of existing lease & to make matters worse the paperwork is being processed quicker than usual. Hence the request for 3 months early termination without penalities giving us a months notice. In this case, does CPA apply, cause this property was not purchased in the ordinary course of business, it was purchased as a holding property. Even if we do have other properties we rent out, i believe in this case the CPA does not apply to the tenant. Is this correct. Do we have grounds to enforce penalities? Thank you in advance. 

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