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commercial lease ending

Landlords often refer to an early cancellation of a lease agreement by the tenant as “a breach of contract.” This is not the case.

At The Legal Advice Office, we receive emails every single week from tenants who want to inquire about the possibility of terminating their lease agreements.

There are many reasons for this. Some are purely financial reasons, some because their businesses are not viable, sometimes it is because they want to relocate either from one city or town to another or simply to change the venue for their business.

In other case, it is because they were misled by the landlord or the agent at the time of entering the lease eg with regard to a misrepresentation as to the amount of anticipated foot traffic for their particular centre.

If you have valid grounds a lease agreement may be terminated and cancelled in terms of the common law.

break a contract 700x350

All fixed terms agreements only apply to natural people like you and me and not to companies. This is the first important aspect to note.

On a regular basis, we receive enquiries at The Legal Advice Office about how a consumer can go about terminating a fixed term contract.

Both the common law and the Consumer Protection Act No 68 of 2008 (CPA) can play a role in this subject; so we thought we would today look at the role of the CPA in this regard.

 business rescue

Business rescue is simply a legal process to assist businesses that are in financial distress

From time to time we get inquiries from business owners whose businesses are struggling financially and who seek advice regarding their options. One of those options is Business Rescue; which is a relatively new commercial concept.

This blog focuses on shedding a little more light on the very complex and technical issue of business rescue and the new Companies Act, which is Act No 71 of 2008; and we are going to focus on Chapter 6 dealing with Business Rescue.

We hope to answer the following question for entrepreneurs and business owners in general:

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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (028) 316 2832
Email: info@legaladviceoffice.co.za

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