Terminating Commercial Lease Agreement and the CPA

CPA and Commercial Lease Terminating a commercial lease agreement prematurely does not have to be as complicated as one would expect. Due to various unexpected circumstances or events, it sometimes happens that a company or individual is unable to continue performance under the requirements of the agreement. A commercial lease will naturally have stricter termination regulations in terms of the agreement and legislation than a residential lease agreement. With that being said, some of the key principals will be the same or similar.

Before the enactment of the Consumer Protection Act No. 68 of 2008, as amended (the “CPA”), the termination of particularly commercial lease agreements were regulated by South African contract law, common law and the Rental Housing Act No. 50 of 1999, as amended. The CPA has made it necessary for both tenants and landlords, commercial and residential alike, to comply with the statutory provisions governing such early termination. If procedures are followed correctly, the early termination by either party would not constitute a breach of agreement. This involves a formal legal process, and since the inception of the CPA, these agreements which traditionally favoured the landlord, no longer weighted unfairly in favour of him/her.

In practice, it happens more often that the tenant wishes to cancel the lease prior to the expiration of the fixed term lease agreement. Should a tenant wish to terminate the lease, the first point of call will be for the tenant to carefully study the signed lease agreement between the tenant and the landlord. Sometimes the lease agreement does not contain a clause regulating the requirements for early cancellation of the lease. In these situations the tenant should immediately refer to the CPA.

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