An update from STBB attorneys highlights a case decided by the western Cape High court in March 2018.
Of relevance to landlords is that co-occupants enjoy the same rights under the CPA as tenants, and that provided 20 days notice of breach (allowing rectification) is given to the tenant / co occupiers the lease agreement can be cancelled if the breach is not remedied in the allowable time period,
the court was asked to decide if;
- A co-occupant is a ‘consumer’ and could invoke the provisions of the Consumer Protection Act (CPA).
- The landlord was required to specify to the tenants that they had 20 days to remedy their breach or was it only necessary to afford a tenant 20 days within which to remedy the breach, before a lease may validly be cancelled.
The court decided that given the facts
- The co occupant was a consumer and was covered by the CPA
- There is no requirement, express or implied, that the consumer must be expressly notified of the fact that he has 20 business days to remedy his defect. The letter of cancellation can be delivered after the full 20 business days have elapsed after notice was properly delivered.