KZN Property Pages - 28 July 2018 by KZN Property Pages

RESIDENTIAL LETTING COMMERCIAL Your Leading Property Guide

A BL ACK INC MEDIA PUBLICATION

28 July 2018

booking deadlines: BOOKING:

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Positive about Property:

This is why you don’t need to panic! If one were to believe everything you read, or take to heart everything the analytics and reports suggest, you may end up feeling rather gloomy, particularly pertaining to the performance of the property market over the past few months. Recently the FNB Property Barometer reported that the second quarter of 2018 was a rather bleak one for the property market with very slow house price growth, properties remaining on the market for longer than average, and a lack of interest and movement in the buy to rent market. And to compound matters, there is a concern around land expropriation. This certainly paints a bleak picture and while it’s true that buyers are reluctant to put pen to paper, there’s no reason to believe that we’re stuck in a downward spiral. “In times like these it is important to look at the facts, take the emotion out of any decision making, and treat it as business as usual,” says Bruce Swain, CEO of Leapfrog Property Group. Interestingly, and contrary to what the economic reports and indicators suggest, May and June 2018 were great sales months for Leapfrog.

facts instead, and in doing so ensuring a fair deal for all involved. • Roofs Over Heads People will always need homes, and while the economy influences how they go about ensuring a roof over their head it simply requires a different focus on the property market. “In tough times we see less first-time buyers with people opting to rent for longer, which indicates a positive for the buy to rent market,” Swain says. • The Rule Of Law Will Prevail Concerns around land expropriation remain a concern for both buyers and sellers but again, Swain stresses, it is important to think rationally and keep emotion out of any related decision making. “We believe that the government is committed to the rule of law and the expropriation of property without compensation contravenes Section 25 of the Constitution, which is no small barrier.” Also, bear in mind that the country’s financial institutions have billions invested in the residential property market and President Cyril Ramaphosa has mentioned that he would not let the Land Expropriation Without Compensation process threaten that economic stability or security.

• Look At The Savings There are many reasons to be optimistic about the market, including a very low inflation rate and a stable • The Right Price interest rate, with prime currently at 10%. What this news does mean is that sellers need to be “For most markets across the country the demand for careful with pricing, as over-priced properties are properties less than R2 million is still very good and sure to remain stagnant on the market. “A trusted the rental demand up to R12 000 is also stable,” Swain property advisor can help with a professional adds. assessment of the property to help you determine a market-related price,” explains Swain. Whether you’re buying or selling, it’s important to remain informed and educated by consulting a trusted Having said that, serious sellers may have to adjust property advisor and to look at the facts, rather than their prices if they want to sell, which could mean a being led by emotion and media hype. better deal for buyers. Our advice to both buyers and sellers is to remove emotion from the equation and to focus on the

Source: Bruce Swain - Leapfrog & My Property

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138 28 July 2018

IN ASSOCIATION WITH

Harcourts Patrick & Co 033 342 3340 patrickandco@harcourts.co.za

ON SHOW SUNDAY

MUSWELL HILL ESTATE R3 500 000

Exclusive home consisting of 3 bedrooms, 3.5 bathrooms, study, 5 Star open plan kitchen with dining room and lounge opening onto your entertainment area with magnificent views of which all the bedrooms also share. Has a 2 bedroom flat and is situated in a secure estate. Follow boards from Chase Valley Road into Carnoustie Road to Troon Road. ON SHOW SUNDAY 2:00 - 4:00pm | WEB REF:KEP27865 GLERYL DE RAUVILLE - 083 286 5758 E: gleryl.dr@harcourts.co.za

R3 450 000 CHASE VALLEY

R1 525 000

NEW RELEASE-FIRST SHOWDAY. Large North facing unit overlooking the stream (155sqm under roof). Combined lounge dining room opening onto an enclosed verandah and garden. 3 bedrooms with laminated floors, 2 bathrooms, well-appointed kitchen and double garage. Pool in complex. Popular Glen Eden Park. Follow boards from Townbush Rd/Cascades Intersection.

Join me to view this lovely spacious family home set on 1858sqm of land in a quiet neighbourhood. Accommodation is plentiful, offering 4 bedrooms and 4 bathrooms, (2 of which are en-suite). Large open plan living areas allow for easy entertaining and the fitted kitchen has gas hob and 2 electric ovens. Outbuildings include a laundry / domestic room, store room and double garage. Fully fenced with a pool.

Follow boards from Town Bush / Craigie Drive . ON SHOW SUNDAY 2.30 – 4.30 pm | WEB REF:KEP27292

Follow boards from Chase Valley Road and English Road ON SHOW SUNDAY 2.30 – 4.30 pm | WEB REF:KEP27796

ALBIE TIMMERMAN- 082 553 9921 E: albie.timmerman@harcourts.co.za

PELHAM

INDUSTRIAL PROPERTY R3,5m + VAT

CINDY JOHNSTON - 083 564 2020 E: cindy.johnston@harcourts.co.za

R1 150 000

PELHAM

R950 000neg

4 Bedrooms (s.E.S.), Bathroom, Lounge/Diningroom, Kitchen (includes laundry), Servants Quarters (sep. toilet), garage + Carport, fenced and gated, level grounds, floor area +/- 160sq.M, land +/- 1231 sq.M.

This is a lovely starter home, comprises of 3 bedrooms, all with built in cupboards, lounge and diningroom, fully fitted kitchen, 2 bathrooms, set on a large piece of land.Lock up garage and outside room with a toilet.

Follow boards from JESMOND/CHRISTIE ROADS ON SHOW SUNDAY 2.30 – 5.00 pm | WEB REF:KEP26945

ON SHOW SUNDAY 2.30 – 5.00 pm | WEB REF:KEP27766

PETER PAYNE - 072 354 6672 E: peter.payne@harcourts.co.za

SCOTTSVILLE

HILTON HAVEN

R1 875 000

Perched peacefully on the calm edge of Hilton village this fabulous family home is being reluctantly sold by its owners who are emigrating. The four-bedroomed home exudes warmth, charm and practicality and the open plan kitchen, dining and living areas nestle under the warmth of thatch and an open-hearth fire. Upstairs a cosy rumpus/TV and a perfect teenage pad with its own loo. Bonus is the one bedroom flat adjoining the garage which is a potential income generator. Be charmed and visit my showhouse on Sunday Follow boards from Chase Valley Road into Carnoustie Road. ON SHOW SUNDAY 2.30 – 4.30 pm | WEB REF:KEP26949 JEN PATRICK - 082 775 4699 E: jen.patrick@harcourts.co.za

ON SHOW SUNDAY

ON SHOW SUNDAY 2.30 – 4.30 pm | WEB REF:KEP27887

LYNDA MARTIN - 082 450 2004 E: lynda.martin@harcourts.co.za

R1 650 000

Comprises 2 stands ++++ 2 free standing houses ++++ tennis court and pool. The main house offers 5 bedrooms, 3 reception rooms and large attic. The cottage / 2nd house offers 2 bedrooms and there are 3 garages. Loads of potential.A must to view.

ON SHOW SUNDAY

MONTROSE SIMPLEX

OAK PARK

ON SHOW SUNDAY

R2 350 000

Follow Boards from corner Alexandra Road to Haldane and Allan Road. PEARL LUTHULI - 082 642 3567 E: pearl.luthuli@harcourts.co.za LAURRA NOMUSA MBHELE - 082 834 5068 E: laurra.mbhele@harcourts.co.za

PRIME HAYFIELDS

R2 200 000

HILTON B & B:

R6 500 000

This is a stunning home built on a dual level. Ground floor : Portico,Entrance hall, Lounge, Diningroom, Kitchen, Study (well fitted).Main bedroom + en suite bathroom+walk in dressing room, Extra shower/ toilet/basin on this floor. The 3 further bedrooms are upstairs(all en suite)+ kitchenettes. A deep covered verandah overlooks pool onto breathtaking views. Garaging and servants quarters. A home of distinction. Speak with Heather. VIEW BY APPOINTMENT | WEB REF:KEP27365

HEATHER PAYNE - 082 837 6051 E: heather.payne@harcourts.co.za

HAYFIELDS

R1 850 000

Situated in popular Roger De Clerck Place, off Substantial 5 bedroom home with 4 en-suite bathrooms, all Welcoming family home situated in popular Clayton Ave with a This very modern home, in a quiet cul-de-sac, lovely Washington Road. Land size 1002sqm with approx. with built in cupboards, 2 reception rooms, family room off beautiful established garden.Two, comfortable lounges, plus an neighbourhood. 4 Bedroomed home with built in cupboards , a stunning modern kitchen, separate diningroom, double extended dining room. Study, 3 large bedrooms, sewing room/ main bedroom with en-suite and two walk in entrances to the 661sqm of industrial building.

garage and pool. Top quality finishes throughout this beautiful nursery Separate guest suite adjoining the garage and outbuildings dressing room. Open plan kitchen , lounge and dining room. could easily convert to a second dwelling. Private deck overlooking home. A court yard and lovely pool and braai area. Double lock up the pool. garage. VIEW BY APPOINTMENT | WEB REF:KEP27762

VIEW BY APPOINTMENT | WEB REF:KEP27758

KEN SHAND 082 461 2008 E: ken.shand@harcourts.co.za

PELHAM

R1 250 000

ANJ SRIBRATH - 083 419 0919 E: anj.sribrath@harcourts.co.za FIONA PATRICK - 082 553 7810 E: fiona.patrick@harcourts.co.za

HAYFIELDS

Ideal starter home !!! New to the market place. 3 Bedrooms, lounge, dining room, 2 bathroom, mes. There is a lock up garage, carport + pool. Fully walled and close to shopping centres. Good value!!

VIEW BY APPOINTMENT | WEB REF:KEP27682

VIEW BY APPOINTMENT | WEB REF:KEP27857

harcourtspatrickandco.co.za

ALBIE TIMMERMAN- 082 533 9921 E: albie.timmerman@harcourts.co.za

VIEW BY APPOINTMENT | WEB REF:KEP27867

FIONA PATRICK 082 553 7810 E: fiona.patrick@harcourts.co.za

R1 200 000 BISHOPSTOWE

Lovely well-kept 3 bedroom home with wooden floors, separate lounge and dining room, 2nd lounge, well fitted kitchen with elo and hob, laundry, ceiling fans in all rooms. Lock up garage and maid’s room with shower andtoilet. Fully walled garden. Electric main gate. Corner property within walking distance from junior and high schools.

MIKE WEBBER - 082 490 9241 E: mike.webber@harcourts.co.za

VIEW BY APPOINTMENT | WEB REF:KEP27852

R340 000

BEACON HILL ESTATE!! Build you dream home on this vacant site of 1603sqm with lovely views in this secure estate, which is within 7km of Pietermaritzburg. CBD. VIEW BY APPOINTMENT | WEB REF:KEP27655

LAURRA NOMUSA MBHELE - 082 834 5068 E: laurra.mbhele@harcourts.co.za

WEMBLEY

R2 795 000

Set in a beautifully designed and maintained garden in a quiet peaceful environment, this characterful older home with Oregon floors, partial wrap around verandah and some bay windows offers 3 spacious bedrooms, 2 bathrooms with generous reception areas (2 lounges and separate dining room) overlooking the pool and deck. In addition there is a quaint attic study, fitted kitchen, double carport, good security and the bonus of a 1 bedroomed flatlet as well as domestic accommodation VIEW BY APPOINTMENT | WEB REF:KEP23488

GLERYL DE RAUVILLE - 083 286 5758 E: gleryl.dr@harcourts.co.za

IRENE COOK - 072 483 9505 E: irene.cook@harcourts.co.za

Harcourts 033

@harcourts.co.za

ON SHOW SUNDAY

HILTON

R1 295 000

3 Beds | 2 Baths | 2 Lounges | 1 Dining | 3 Carports

Urgent Sale. Serious seller. Low maintenance clinker with large windows and a light and bright interior. 2 large workshops for the handyman or a very easy conversion to a flat or extra accommodation. Follow boards from Crossways Country Inn to Keans Drive. ON SHOW SUNDAY 2.30 – 4.30pm | WEB REF: KHT33876 BRIAN WILKES - C 082 417 6166 | T 033 343 3345 E: brian.wilkes@harcourts.co.za

HOWICK DIAMOND

R1 550 000

4 Beds | 2 Baths | 2 Lounges | 1 Dining | 2 Garages

WOW! This is a big home, with room to spare, including a loft guest room. Double garage, domestic quarters, laundry, workshop, storage, a walk-in pantry, formal lounge, formal dining room, a family lounge with bar, entertainment area under cover – need I go on? This home has it all!!Smack in the centre between the prep school and the high school, close to shops and an excellent address. What more could you wish for? Call now to view – this will not last long! VIEW BY APPOINTMENT | WEB REF: KHT33562

GLENN TITMUS - C 072 686 1412 | T 033 343 3345 E: glenn.titmus@harcourts.co.za

MEADE HEIGHTS, LINCOLMEADE R720 000

Situated in a secure gated complex and the largest of 10 properties, this neat home is perfect for a young couple with kids or for the older folk wanting to downsize. An open plan lounge and living room flows into a neat kitchen with lovely finishes and granite tops. Close to Hayfields shopping centre, and easy access to the N3. VIEW BY APPOINTMENT | WEB REF: KHT33887

SHIRLEY STEPHENSON - C 083 292 0559 | T 033 343 3345 E: shirley.stephenson@harcourts.co.za

.co.za

WINTERSKLOOF

ON SHOW SUNDAY

R2 195 000

HILTON

R1 799 000

Superbly positioned in one of the only gated estates in Winterskloof this loved and cherished home has just been listed! Enjoy the peace of country living with the security, and horses grazing in the field virtually on your doorstep. Close to the Quarry shopping centre, Crossways, all Hilton schools and easy access to the N3.

Charming cape Dutch family home set in Olde Hilton with a large, sunny studio and separate flatlet/guest suite. The main home is warm and sunny with a great veranda accessed from the kitchen and dining room. Beautiful solid wood floors, a private pool area and a super fire pit will charm your socks off! Positioned for easy access to the village and the N3.

Follow boards from Crossways. ON SHOW SUNDAY 2.30 – 4.30pm | WEB REF: KHT33943 SHIRLEY STEPHENSON - 083 292 0599 | T 033 343 3345 E: shirley.stephenson@harcourts.co.za

Follow boards from Crossways along Cedara Road. ON SHOW SUNDAY 2.30 – 4.30pm | WEB REF: KHT33954

DARGLE

R2 500 000

CATHY FITZPATRICK - C 083 234 4864 | T 033 343 3345 E: cathy.fitzpatrick@harcourts.co.za

CENTRAL, UNIQUE AND OH SO PRIVATE R2 200 000

Unique smallholding in a commanding position on top of the hill in the Petrus Stroom valley. Five bedroomed home surrounded by indigenous trees on 22 hectares. Extras include solar panels, good grazing and a dam. Spring water. Situated 15 kms from Tweedie.

A gorgeous North facing well maintained home. An excellent address as well as 2 bedrooms, a study, a separate guest suite, double garage and enclosed court yard. There is also a beautiful English country garden. Not to be missed.

VIEW BY APPOINTMENT | WEB REF: KNH3685

VIEW BY APPOINTMENT | WEB REF: KHT33438

HILTON

R2 200 000

A great position in central Hilton and a short walk to the schools and shops. A mature garden on over 4000sqm of land which is sub divisible. There is a great new kitchen, a large pool and lots of opportunity for further development. VIEW BY APPOINTMENT | WEB REF: KHT33836

BARBARA ROGERS - C 082 802 5956 | T 033 343 3345 E: barbara.rogers@harcourts.co.za

HILTON CENTRAL

R2 995 000

4 Beds | 3 Baths | 1 Lounge | 1 Dining | 3 Garages

Situated in the front row with beautiful, uninterrupted pastoral views over Cedara Agricultural College this home, of grand proportions, will accommodate a large family and their friends! 4 ample bedrooms (2 are en suite). Well designed kitchen and scullery flow to the open plan living areas and open onto the wrap around veranda. Soak up the winter sunshine from the second (north facing) veranda. Extra large triple garaging and more! This country estate is close to Merrivale, Hilton and Howick with 24 hour security. Follow boards from Howick South Underberg exit 99 ON SHOW SUNDAY 2.30 – 4.30pm | WEB REF: KHT33885 JANE LAIT - 072 107 1748 | T 033 343 3345 E: jane.lait@harcourts.co.za

ROGER NEVIN - C 082 555 3995 | T 033 343 3345 roger.nevin@harcourts.co.za

BROADACRES BARGAIN

R2 400 000

An amazing North facing family home with an excellent address, easy access to the local Hilton schools. Open plan living and kitchen area, with separate formal dining room and a large games/pub area opening onto the very sunny veranda.

THE GRACIOUS GATES

R6 950 000

4 Beds | 4 Baths | 2 Lounges | 1 Dining | 2 Garages

This executive family home is almost complete and ready for its new owners. A modern open plan design with a double volume entrance offers magnificent views of the Drakensberg from almost every window. All rooms are generously proportioned, the four ensuite bedrooms being no exception. This gracious home is ideal for the entertainer, with living rooms flowing onto a wide covered verandah overlooking this exclusive estate. Enjoy access to the expanse surrounds of Hilton College Estate where you can walk, run, ride, fish and camp in complete security. VIEW BY APPOINTMENT | WEB REF: KHT33677 TRISH PARSONS - C 082 904 3157 | T 033 343 3345 E:trish.parsons@harcourts.co.za

CENTRAL HILTON

R2 250 000

This lovely family home has all the bells and whistles. Three bedrooms and easy to convert to 4 bedrooms, includes a stunning one bedroom flatlet. VIEW BY APPOINTMENT | WEB REF: KHT33644

VIEW BY APPOINTMENT | WEB REF: KHT33838

BRIAN WILKES - C 083 417 6166 | T 033 343 3345 E: brian.wilkes@harcourts.co.za

BARBARA ROGERS - C 082 802 5956 | T 033 343 3345 E: barbara.rogers@harcourts.co.za

MICHELLE BYRES- C 072 120 6160 | T 033 343 3345 E: michelle.byres@harcourts.co.za Experts in home finance.

privateproperty .co.za

1967 - 2017

EST. 1967 / PROUDLY MARITZBURG

CHASE VALLEY

FROM R524 000 TO R749 000

WARTBURG

R1 850 000

NPC

ON SHOW 2.30-5 NPC

ON SHOW 11am-5pm

SCOTTSVILLE

LINCOLN MEADE

HAYFIELDS

R1 695 000

MONTROSE

R1 550 000

HAYFIELDS

NPC

ON SHOW 2.30-5

ON SHOW

ON SHOW 2.30-5

R1 280 000

2.30-5

HAYFIELDS

R1 995 000

CLELAND

NPC

ON SHOW 2.30-5

R1 135 000

MONTROSE

R2 450 000

CLARENDON

ON SHOW 2.30-5

78 Commercial Road

R1 195 000

NPC

MAIN BRANCH 033 345 1515

R1 299 000

CASCADES 033 347 1819

Cascades Centre

HAYFIELDS 033 386 3312

35 Blackburrow Road

NATALPROPERTY.CO.ZA

INFO@NATALPROPERTY.CO.ZA

R1 500 000

1967 - 2017

EST. 1967 / PROUDLY MARITZBURG

HAYFIELDS

R1 155 000

WARTBURG

R1 100 000

SCOTTSVILLE

R1 050 000

LYNNFIELD PARK

R980 000

NPC

ON SHOW 2.30-5

BELLEVUE

R875 000

SOUTHLANDS

R695 000

PELHAM

R770 000

PELHAM

R720 000

CLELAND

R695 000

CHASE VALLEY

R665 000

SCOTTSVILLE

R665 000

PELHAM

FROM R540 000

SCOTTSVILLE

R630 000

CENTRAL

R475 000

SCOTTSVILLE

R345 000

MAIN BRANCH 033 345 1515

78 Commercial Road

CASCADES 033 347 1819

Cascades Centre

HAYFIELDS 033 386 3312

35 Blackburrow Road

ABIEâ&#x20AC;&#x2122;S CHOICE

NATALPROPERTY.CO.ZA

INFO@NATALPROPERTY.CO.ZA

Colin Rodger

EXCLUSIVE MANDATES

HAYFIELDS MALL 082 784 3123

033 386 6623 PANORAMA GARDENS 3 BEDROOMS R695 000

PELHAM DUPLEX R725 000

Back on the market. Fully tiled 3 bedrooms with an en-suite and second bathroom, enormous lounge, lovely fitted kitchen with oven, double garage and views - Super value!

A super 2 bedroomed clinker brick unit with. plenty bic’s, guest toilet downstairs, good sized lounge, well fitted kitchen and gardens front and rear. Garage too.

EPWORTH CUL-DE-SAC R1 520 000

RETIREMENT UNIT R450 000

A 4 bedroomed family home with 2 bathrooms (mes), a huge lounge, separate dining room and a well fitted kitchen. Pool, double garage, workshop and a self-contained flat.

A 2 bedroomed ground floor unit with 2 bathrooms (mes), lounge with room for a dining area, fully fitted kitchen and doors onto a patio. Undercover parking.

Landlords and tenants. Call us TODAY!

RentalsDOTcom First Choice 033 394 0789

Albie 082 553 9921 | Beverley 072 417 1068 beverley.smith@rentalsdotcom.co.za 201 Burger Street, Pietermaritzburg

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How to cancel a residential lease?

Article Source: Go Legal Written by: Chantelle Gladwin & Renand Pretorius

There are a number of different laws that impact on residential leases. Over the next 2 weeks we will explore those laws relevant to the cancellation of a residential lease, and explains the proper procedure to be followed when terminating a residential lease as a result of a breach by a tenant. Two different types of notice periods It is important to distinguish at the outset between two different and important notice periods. The first is relevant when trying to cancel a lease before the agreed fixed term of the contract has run its course. Let’s call this the ‘early termination notice period’. Sometimes leases have these clauses, and sometimes they don’t. If there is no such clause, then the lease cannot (save for in situations where the Consumer Protection Act or Rental Housing Act apply) be cancelled early, unless both parties agree to this. The second notice period becomes relevant when a landlord or tenant has breached the lease, and the other party wants to give written notice for the breach to be remedied. Failure to remedy the breach in the stipulated time period will entitle the innocent party to cancel the lease and, where relevant, claim damages suffered from the offending party. Let’s call this the ‘breach notice period’. Court Days v Calendar Days v Business Days Before delving into the applicable acts, it is also important to note that leases usually refer to calendar days, meaning every day on the calendar, including weekends and public holidays. The Consumer Protection Act specifically refers to business days in section 14, meaning that you must ignore weekends and public holidays. Sometimes laws or leases will refer to court days, meaning you only count days that court is open and sitting, although references to court days will be few and far between in lease situations. Where the types of days are not defined, you must regard them as being calendar days, and include weekends and public holidays.

The Rental Housing Act The Rental Housing Act provides that if a tenant remains in occupation of the property after the period defined in a written lease expires, that the lease will continue to run on the same terms and conditions as contained in the written document, save that the duration of the lease will be only one month (i.e. a month to month

lease situation will arise). In circumstances such as these, the Rental Housing Act expressly provides that the notice period for cancellation by either party is one month. This applies only to situations where a landlord wants to stop the lease from renewing for another month – it does not apply to a cancellation by a landlord as a result of the tenant’s breach. The Rental Housing Act does not stipulate how many days the breach notice period must be.

The Consumer Protection Act The Consumer Protection Act applies to the supply of goods and services within South Africa. This Act expressly defines residential accommodation as a service, which affects residential leases. The application of the S is only excluded in two cases; firstly, where the residential lease is concluded between two juristic entities and where the lessee has an annual turnover or asset value of more than R 2 million; and secondly, where the lessor is not leasing the property in the ordinary course of business. This Act provides that a consumer (i.e. a tenant) can cancel a fixed term agreement (i.e. a lease) for any reason whatsoever – which may be entirely unrelated to a breach by the supplier (i.e. the landlord) – by giving the landlord 20 days written notice of the cancellation. In the event that the tenant elects to cancel the lease before the lease would otherwise have ended in the ordinary course, then the landlord is entitled to a “reasonable cancellation penalty”, the guidelines for which have been provided for in Regulation 5 of the Consumer Protection Act. Some landlords simply charge the tenant for the whole amount that would otherwise have been owing in terms of the lease, had it run its full term. This is not necessarily the correct approach. Regulation 5 expressly draws the parameters of “reasonableness” in this regard and lists a number of notable factors, including: the length of the notice period by the consumer; the reasonable length within which the landlord would be able to procure a new tenant; and general practice of the industry. Looking at the factors holistically, it is clear that between one and two months rental would amount to a reasonable penalty, along with any further damages claims and outstanding rentals incurred during the course of the lease. A landlord, on the other hand, can only cancel a tenant’s lease if the tenant has breached the lease, and if after having given 20 business days written notice to the tenant to remedy the breach, the tenant has failed to do so. This is critical, because it applies despite what the lease says – it thus overrides the provisions of the lease (or the common law, which would have applied if certain important provisions of the lease agreement were accidentally not agreed upon). Consequently, the Consumer Protection Act only deals with the breach notice period and not the early termination notice period. Days calculated in terms of section 14 of the Consumer Protection Act, are business days, meaning you ignore weekends and public holidays.

The Consumer Protection Act also expressly states that where its provisions conflict with those of any other law, the law that gives the consumer (the tenant) the most protection will override the other. This is critical for reasons discussed below.

Common Law Common law is relevant because it is the ‘default’ position that ‘kicks in’ when the parties omit to reach agreement on certain terms of a lease. In fact, this occurs quite often. For example, the parties might forget to agree on how many days written notice is required for a tenant to make good a breach before a landlord can cancel, or how many days / months notice must be given if either party wants to terminate the lease before its natural end. In terms of our common law, when notice is given to terminate a lease agreement, the notice must run for the duration of a calendar month, meaning that notice cannot be given from the 15th of April to the 14th of May for example, as it needs to be given from the 1st of any particular calendar month until the last day of that particular calendar month. In addition, our common law provides that notice periods coincide with the rental payment intervals; meaning that if you pay rent every month, the notice given must be at least one month in advance. In relation to the breach notice period, if the parties fail to agree on this, the law provides that it will be a ‘reasonable’ period. What is ‘reasonable’ depends on the facts of each case, and the court will decide this. So if the parties agree that the lease can be terminated by either one of the parties before its natural conclusion, but they forget to stipulate how long the early termination notice period must be, then the answer is that at least one calendar month’s written notice is required to bring about an early termination of the lease by either party, and it must be given from the 1st of the month to the end of that month. This is subject to the proviso that this notice period is considered ‘reasonable’ – each case is to be judged on its own facts.

Conflict of laws Because there are so many laws that apply to residential leases in any given situation, it is often difficult to determine the number of days that must be given for breach and cancellation notice periods. The common law will always be subservient to any legislation that has been subsequently enacted to deal with a particular problem. Any legislation enacted that deals with the problem in general, will normally be subservient to legislation subsequently enacted to deal with the problem specifically. To confuse the matter further, the Consumer Protection Act (which is not specific to leases) says that if its provisions conflict with any other law, the law that provides the most protection to the consumer will apply.

With all the abovementioned, there are several difficult questions that arise. Keep an eye out for Part 2 of getting out of a Fixed Term Lease..