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Here are the resources promised in the recording
In this episode, Shaun unpacked one of the most important — yet frequently neglected — compliance obligations in rental management: the 40–80 business day letter required under Section 14 of the Consumer Protection Act (CPA).
He explained when the requirement applies, what the letter must include, and most importantly, the serious risks of not sending it. Shaun emphasised that the notice is not optional — it’s a legal duty that ensures both the landlord and tenant are properly informed before the fixed-term lease expires.
A key focus of the session was that if the 40–80 business day letter is not sent, the lease ends automatically at expiry — it does not roll over by default. More specifically, it will only “convert” on the date of expiry, creating the potential for the tenant to leave on short notice at any time before expiry if no renewal or extension agreement has been drafted and signed by both parties.
Shaun also stressed that any renewal, extension, or variation of the lease must be properly documented and signed — verbal or informal agreements (e.g. WhatsApp messages) are not legally sufficient. The episode included a visual timeline of the renewal process and best-practice steps for tracking notices and managing expiring leases.
Key Takeaways:
• Always send the 40–80 business day notice — it’s required by law under Section 14 of the CPA.
• If not sent, the lease ends automatically on expiry — it only “converts” at that point, exposing landlords to potential early tenant departures.
• Renewal or extension agreements must be signed by both parties to be valid.
• Tenants can only continue on a month-to-month basis if they remain with the landlord’s permission.
• Implement a systematic internal process to ensure timely and compliant renewal management.
🔗 SBL Attorneys Article – Supreme Court Confirms CPA Section 14 Rules for Residential Leases
https://www.linkedin.com/posts/marlonshevelew_herewith-article-involving-a-landmark-case-activity-7390310214404673536-tuip/
🔗 Marlon Shevelew & Associates LinkedIn Post – Landmark Case on CPA Application
https://www.linkedin.com/pulse/when-landlord-acting-ordinary-course-business-marlon-shevelew-udp6f/
In Q&A:
A member raised a question about when the CPA applies, referring to the recent Supreme Court of Appeal (SCA) decision clarifying what constitutes leasing “in the ordinary course of business.” Shaun confirmed that, in his understanding, whenever a property practitioner manages the lease, the landlord would probably be deemed to be acting in the ordinary course of business — meaning the CPA, including Section 14, would apply if the lease and parties meet the CPA’s specific requirements.
Duration: ±1 hour
Category: Rental Process & Compliance
Related Resource: Pro Power Pack #6 – End of Fixed-Term Lease & Renewals
🗓 We’ll cover the updated version of this Power Pack in Episode 2522 in early December
Enjoy!