Again; Landlords and tenants should be aware of their rights in this area and would be well advised to contact us in the event of early termination of a tenancy agreement. Consumer Protection Act 68 of 2008 (CPA) makes a clear distinction between the early termination of the lease by an individual through Section 14 of the CPA; and the situation of a corporation that cannot use section 14, since it cannot do so with respect to paragraph 14, paragraph 1, which states that « this section does not apply to transactions between corporations, regardless of their annual turnover. » However, the CPA is vague because it does not define an « appropriate penalty » and only stipulates that an appropriate penalty can be calculated for early cancellation. However, in practice and in SA law; a person who is damaged by the actions of another person is only allowed to recover the damage he or she has actually suffered; and can prove it. In practice too; It usually takes no more than a month to find another tenant. Although it is possible to terminate a commercial lease prematurely, it does not come without its own effects. On this basis; Penalty clauses in leases that purport to agree to a pre-cancellation fine will simply not stop in court. Section 14 of the CPA Regulation on the expiry, extension and termination of leases provides that no fixed-term contract can currently exceed 24 months. Although the rules for terminating a commercial tenancy agreement are obviously stricter than those of residential leases, the two fundamental principles are shared. Under the common law of the contract, the lessor and the tenant are bound by the terms of the tenancy agreement. Tenants are now relying on the Consumer Protection Act (CPA) 2008 to legally evade commercial leases. Owners can protect and exercise their legal rights by removing all contrary conditions under Sections 48, 49 and 51 before the commercial lease agreement is entered into and signed by the contracting parties. Owners can no longer rely on the application of a contract based on the signature of both parties.
Section 22 of the CPA prohibits this application because the lessor is required to ensure that the tenant understands the terms of the commercial lease and their effects. The content of the commercial lease must be formulated in a language clearly formulated and understood by any layman. Maybe you want to relocate your business, maybe the space no longer meets your needs, or maybe you have a more economical option. One way or another, you are desperate to get out of your lease early. In addition, the owner is allowed to impose a reasonably fair penalty for early cancellation. It is therefore important to note that the appropriate cancellation penalty is used to give landlords the opportunity to recover costs they would not have had to bear if the tenant had not terminated the lease prematurely. The termination of residential real estate leases is generally easier to manage than that for commercial real estate.