When a party – tenant or landlord breach fails to perform on its contractual obligation or performs late, the innocent or aggrieved party can cancel for a major breach. If the tenant cancels, say for the landlord’s failure to maintain the dwelling that placed the onus on the landlord/landlady to carry out repairs and maintenance, the lease is cancelled. The landlord’s refusal to acknowledge or accept the cancellation (for breach) does not have an effect on the lease that is terminated. Similarly, if the landlord cancels the lease for late payment of rental, the tenant’s acceptance or rejection of the cancellation is not required for the termination to come into existence. The lease is cancelled and the relationship between the parties is terminated.
Know your rights when you become a property owner. Join our seminars and be informed.
The cost of membership of COMSAC is small when weighed against the knowledge gained and the opportunity to engage with fellow owners as well as property and legal professionals. Comsac encourage home owners and sectional title owners to join COMSAC and participate in acquiring knowledge of the very intricate legislation and practice which govern ownership of property in this age. Only a strong organisation can provide effective support for its members, therefore we look forward to seeing you at our forthcoming seminars.
All Community Scheme owners in the Western Cape are encouraged to support this initiative. If your scheme is not a member, please contact us to join COMSAC.