Breach of Contract

  • commercial lease cancel

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

    Here is a recent query that was received by The Legal Advice Office last week:

    “Hi, Hugh. My company is the tenant in a Commercial Property in Centurion. We were led to believe by the landlord’s agent that the foot traffic in our new Mall would be considerable, but this is simply not the case. The Mall parking is incomplete as is the final building completion and promises made to us at the time of the negotiations with the agents for the lease have simply not materialised. We feel that we were misled into signing this lease for 5 years and still have 4 years and six months to run and are simply not able to keep afloat as we have run at a loss for the last 6 months. Is there any advice you can give us to assist us in terminating this lease?”

  •  Termination of rental agreement1

    The inconvenience for a landlord caused by an early cancellation will no doubt be annoying  but it is clear that a tenant has the RIGHT to cancel a lease

    One of the matters that we specialise in is Consumer law and lease agreement terminations.

    Here is a recent query that was received by The Legal Advice Office last week:

    “Hi, Hugh. I refer to our telephone call. I bought a business last year in September and signed a three-year lease agreement for its premises with the landlord. I also signed as surety for my company which runs the business. The business is losing money each month and I need your advice and help on getting out of this lease. Can you please help me?”

    We will try to answer this question in this blog.

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Legal Advice Office

South Africa

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