April 2011; The two parties were fairly bound by the terms of the tenancy agreement, which was very weighted in favour of the landlords and, to a large extent, disadvantaged tenants, especially since most of the leases are for the property of the landlord and not the tenant. The termination of residential real estate leases is generally easier to manage than that for commercial real estate. Tenants are now relying on the Consumer Protection Act (CPA) 2008 to legally evade commercial leases. On this basis; Penalty clauses in leases that purport to agree to a pre-cancellation fine will simply not stop in court. Therefore, if you wish to terminate a commercial lease. My advice is simple. Get professional legal advice. In summary, the CPA provided more protection to the tenant and imposed more obligations on the lessor. It is always recommended that tenants have leases that are reviewed by a lawyer, and landlords also have leases that have been created professionally by lawyers. Owners can no longer rely on the application of a contract based on the signature of both parties.
Section 22 of the CPA prohibits this application because the lessor is required to ensure that the tenant understands the terms of the commercial lease and their effects. The content of the commercial lease must be formulated in a language clearly formulated and understood by any layman. Commercial leases fall within the scope of the CPA and refer to an agreement between a lessor and a company that defines the terms of a real estate lease. These provisions are considered standard conditions of a commercial lease to be respected before the signing of the lease. A tenant must fully understand the provisions of the commercial tenancy agreement and the effects of their liability. The regulations provide that retail tenants (only in the above categories) and owners of retail properties may enter into three types of agreements that, under normal circumstances, would be prohibited by Competition Act 89 of 1998 (as amended). These agreements are limited to (1) payment leave and/or rent reduction agreements for tenants; (2) restrictions on eviction of tenants; and (3) the suspension or adjustment of contractual tenancy clauses preventing designated tenants from taking appropriate measures to protect viability during the national disaster.