Issue with landlord

[Necropolis]

Morning,

My girlfriend is having the following issues with her landlord and I thought I would post the problem here and see if anyone else has had any similar issues:

She moved into her place in the beginning of December last year - she signed a one year lease.
Last week she got a call from an estate agent at the agency that is handling the rental to say that the owner of the house wishes to move back in and that she has 40 days to vacate.

We have been over the signed lease and there is no cancellation clause specified - which leads me to believe what the landlord is attempting to do is illegal.

What is the best way to handle the situation, the way I see it she has 2 options (but any advice would be appreciated):

1) Tell the agent to get stuffed because there what the owner is requesting is illegal
2) Take her case to the Gauteng Housing Rental Tribunal and get them to make a judgement.

Any thoughts or ideas would be appreciated.

 

[MartyMarts]

Is there a one (or more) month notice period in the lease agreement? Usually is - well, from my renting days there was always a one or two month notice period.

 

[Grubscrew]

I don't do rentals, but I think the 21 working days notice period only counts for the Tennant. Unless specified otherwise and if your girlfriend is not in breach the rental contract should stand.

Remember if she pays late just once she can be seen in breach of contract.

 

[Necropolis]

I don't do rentals, but I think the 21 working days notice period only counts for the Tennant. Unless specified otherwise and if your girlfriend is not in breach the rental contract should stand.

Remember if she pays late just once she can be seen in breach of contract.

From everything I've read online as a tenant your can give notice that you want to end the lease but as the landlord you are not allowed to...

She has never been late with any of her rental payments.

 

[FuLL_MeT4L]

Owner/rental agent is full of ****. A 12 month rental contract is well, exactly that. They cannot make your girlfriend vacate because the owner wants to move back.

 

[3Gee]

If the CPA applies to your rental agreement , the Landlord is entitled to give 40 days notice.

 

[R13...]

If the CPA applies to your rental agreement , the Landlord is entitled to give 40 days notice.

All leases are supposed to be in line with the CPA, I know that our company made everyone who rents from them resign their leases to comply. Leases usually have a termination clause by either party.

 

[Necropolis]

If the CPA applies to your rental agreement , the Landlord is entitled to give 40 days notice.

I thought this was only if the tenant is in breach of contract...

"3. Landlords may similarly cancel the agreement if the Tenant commits a material breach of the agreement and has given the Tenant notice to comply. Should the Tenant still not comply, then the Landlord is entitled to cancel the Lease on 20 business days notice."

Source

 

[agentrfr]

Get a lawyer. Should be simple enough to tell them they are full of it; but do it properly.

 

[MartyMarts]

All leases are supposed to be in line with the CPA, I know that our company made everyone who rents from them resign their leases to comply. Leases usually have a termination clause by either party.

This surely

 

[Necropolis]

As I said in the first post: there is no cancellation clause in the lease agreement....

 

[envo]

If there's no cancellation clause in the agreement it usually defaults to whatever law is set out governing this. However, it's not a valid agreement without IMO. It does state termination of breach of contract though.

A lease usually ends in the same way as any other contract: when the agreed duration ends, cancellation following breach of contract or by mutual agreement

Since she doesn't agree, which makes the latter impossible, I'd follow the advice of the people on the forum here and lawyer up.

 

[AlmightyBender]

If landlord wants to cancel without any breach of contract then they should be paying some penalty fees to the tenant for the expense of finding a new place. Exactly the same as if I cancel my lease with my landlord I am liable for all unrecovered costs of placing me as a tenant.

 

[MartyMarts]

As I said in the first post: there is no cancellation clause in the lease agreement....

I personally would not sign a lease agreement without a termination clause but that's irrelevant now. I suppose you can then go ahead with your option 1:

1) Tell the agent to get stuffed because there what the owner is requesting is illegal

 

[etwylite]

If landlord wants to cancel without any breach of contract then they should be paying some penalty fees to the tenant for the expense of finding a new place. Exactly the same as if I cancel my lease with my landlord I am liable for all unrecovered costs of placing me as a tenant.

This.

Lease is in place and can only be terminated by landlord due to material breach or by MUTUAL agreement. So if he wants to move back in, he must make it worth her while to move. Costs etc. or she can insist on specific performance in terms of the contract and stay the full year.