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Ask Freddie Lombard Your Own Question
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2477
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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We have paid R500 short on our rent and has subsequently received notice to vacate the pro

Customer Question

We have paid R500 short on our rent and has subsequently received notice to vacate the property.
We were only given 14days notice, and I want to know if this is legal? Should the notice period not be 30days w.e.f the 1st of the month?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.
Good morning,
Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.
Your lease agreement should contain a breach clause. If you are in breach then the landlord may cancel the agreement with the amount of days as contained in the agreement. However, the Consumer Protection Act provides that a landlord must give 20 business day notice of cancellation (that works out to about 30 days). Off course, if you pay the R500 within the said 20 (or 14 days) then you have rectified the breach and the landlord then cannot cancel the agreement.
My answer would be that the Act overrides the contract, and that the landlord will have to give at least 20 business days notice to cancel the lease.
I hope this answered your question.
I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.
Regards
Customer: replied 1 year ago.
Thank you. Is there any document that you can send me to use as proof of the above?
Expert:  Freddie Lombard replied 1 year ago.
I am not sure what you mean. Proof of what?
Regards
Expert:  Freddie Lombard replied 1 year ago.
Section 14 of the Consumer Protection Act - see specifically sect 14(2)(b)(ii)
2) If a consumer agreement is for a fixed term-
a) that term must not exceed the maximum period, if any, prescribed in terms of subsection (4) with respect to that category of consumer agreement;
b) despite any provision of the consumer agreement to the contrary-
i) the consumer may cancel that agreement-
aa) upon the expiry of its fixed term, without penalty or charge, but subject to subsection (3)(a); or
bb) at any other time, by giving the supplier 20 business days' notice in writing or other recorded manner and form, subject to subsection (3)(a) and (b); or
ii) the supplier may cancel the agreement 20 business days after giving written notice to the consumer of a material failure by the consumer to comply with the agreement, unless the consumer has rectified the failure within that time;
You can read the act here: http://www.acts.co.za/consumer-protection-act-2008/
Please do not forget to rate the service positively.
Regards
Customer: replied 1 year ago.
Thank youHow would i go forward from here to present this to the landlord? He is adament that we have to vacate the premises today
Expert:  Freddie Lombard replied 1 year ago.
Refuse,
Write him a letter telling him that his notice does not comply with the Consumer Protection Act - you can quote the section I referred to and tell him that you will not vacate today.
If you can pay the R500,00 then do so and state in your letter that you have rectified the breach and you are not n breach anymore.
If he persists, you will have to get the assistance of an attorney in your area.
Please remember to leave a positive rating.
Regard
Customer: replied 1 year ago.
Another question:The deposit payable was R6500 of which we have paid half as we made an arrangement verbally to pay the deposit in two instalments. But the contract does not mention the deposit as the space was left blank. Are we then still liable to pay the deposit?
Expert:  Freddie Lombard replied 1 year ago.
Yes, you will be liable for the deposit - it is an industry standard and a verbal agreement.
regards