Question posted in the Consumer Protection Law category relating to Gauteng
Hi,
I have a rental agreement of 12 months of which I am 6 months in, on the day I moved in, I notified the landlord of a leak from the ceiling. It has now been 6 months that plumbers have come in and out, the ceiling has been open and it looks like it still won't be fixed within the month.
It's not entirely my landlord's fault, there's also been issues with the body corporate and gaining access to the appartement above.
To be honest, I'm just annoyed and tired of living in this place. I pay a lot for it, 10K ZAR for a 1-bedroom, and I don't get what I pay for.
I'd like to hand in a 20 days notice as per consumer act, and end my lease.
Am I allowed to do this and can my landlord make any claims?
Message from the Attorney
Hi there and thank you for your question,
I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.
There is no reason why you can't decide to give your landlord 20 business days' (!!!) notice (not calendar days) of the cancellation of your lease agreement.
As you correctly pointed out, it is in terms of Section 14 of the Consumer Protection Act (CPA) that a consumer (tenant) can cancel a fixed-term contract at any time within contract period without any penalty or charge, within 20 business days’ notice to the supplier (landlord).
You do not need to give a reason, but there is nothing stopping you from explaining why you are cancelling.
The downside here is that the landlord is then entitled to charge "a reasonable cancellation penalty" because of your early cancellation.
Exactly what "a reasonable cancellation penalty" depends on a number of circumstances, such as: how quickly can the landlord rent out the flat to another person, how far into the lease you are (at the start, or near the end), etc.
In most rental situations, it is commonly accepted that a reasonable cancellation penalty would amount to 1 months' rental. This could be expended if the landlord can't rent the property out. It could also be reduced if the landlord finds a new tenant quickly.
So, if you've paid the landlord a deposit of 1 months' rental, you might very well lose that.
Other than the reasonable cancellation penalty and damages that you've caused to the flat, the landlord would not have any claim against you for breach of contract or such like.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
Message from the Customer
My landlord has responded with the following :
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I have received your email and notice.
I attach our signed rental agreement. Please refer to clauses
3.1 and 4.2. You need to submit a calendar months notice. Not 20 days. You are therefore still liable to pay rent and cannot withhold it for any reason.
11 and 12.1. You would be in breach should you not pay rent on the 1st of January. Please note all ensuing consequences.
17.1 and 18. If you want to pursue this route set out in your email above I will get my legal counsel involved today. They are aware of the matter already.
Please carefully consider how you want to go about ending your lease considering the signed legally binding agreement you have entered into.
I eagerly await your response.
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I'm unsure what to do, now? I feel bullied to be honest.
Message from the Attorney
Regarding clause 3.1 and 4.2 - the landlord is not entitled to contract out of an Act, including the Consumer Protection Act ("the CPA"). The terms of the CPA over-ride all terms of contract. If the CPA gives you (as a consumer) the right to cancel a fixed term contract on 20 days' notice, then you can do so!