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When it comes to fixed-term lease agreements, the question “” comes up time and again — especially when things go wrong with a tenant.
⚠️ A Common Mistake: “Just Cancel the Lease!”
This morning, an agent contacted us with a query:
“The landlord is insisting we cancel the lease because the tenant’s child is allegedly disturbing other occupants of the complex by their behaviour. What can we do?”
Here’s the truth:
Even when a tenant is in breach, which may well be the case in this instance, a landlord cannot summarily or unilaterally terminate a fixed-term lease. Not even with cause.
🛑 Why? Because due process is a legal requirement
The Consumer Protection Act (CPA) and the Rental Housing Act (RHA) set out the steps that must be followed when a tenant breaches the lease:
- The tenant must be placed on notice — this means a formal notice of breach must be issued in writing.
- A prescribed remedy period must be given — usually 20 business days if the CPA applies (i.e., if the tenant is a natural person).
- Only if the breach is not remedied within that time frame can the landlord proceed to legally cancel the lease.
Skipping this process can leave the landlord (and the agent) exposed to legal disputes or even Tribunal complaints — which could be ruled in favour of the tenant, regardless of how “difficult” they’ve been.
In Episode #2415 of the RentalSphere Inner Circle, Shaun Luyt broke down the exact circumstances under which a landlord may legally terminate a fixed-term lease — and, just as importantly, the circumstances where they can’t – and the process that needs to be followed:
🧠 What You’ll Learn in Inner Circle Episode #2415:
In this episode, Shaun walks through:
- What the TPN lease agreement says about cancellation
- How to manage repeat breaches and unauthorised changes to the property
- Why mutual agreement to cancel is often overlooked — and how to handle it correctly
- How to use breach notices properly under the CPA and RHA
🎙 Want to watch the full training?
This episode is available exclusively to RentalSphere Inner Circle members. You’ll get full access to the episode, breach notice templates, legal guidance, and over 40 other expert-led sessions.
🔒 This is not a public webinar. Access is for members only.
👉 Join the Inner Circle today »
Just R299/month. Cancel anytime.
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