1 reviews | Active since Apr 2013
Being Charged R31 992.00, to exit a lease 4 months early
I need clarity with regards to early termination of a lease with 4 months rental left with Just Property Group.
My husband provided a 30 day notice to Just Property Berea advising early termination as we unfortunately have to relocate the family to Johannesburg.
Below is an email trail of his engagement with Jackie Koen from one of your franchises – Just Property Berea.
So according to the email below I am liable for the following: • Cancelation fee – R1500 • Balance of commission – R 2392 • Cancellation costs to procure new tenant – R1495 • Outgoing inspection Fee – R350 • Deposit Management Fee – R95 • 4 months rental should a tenant not be found – R26 000 (monthly rental R6500)
In total I am liable for approximately R31 992.00 for terminating my lease early according to the below email. I am not sure how Just Property is governed, and whether rental agreements are drafted with the Consumer Protection Act (CPA) and the Rental Housing Act (RHA) in mind. I fail to believe that is the case.
I have copied section 14 of CPA below and highlighted important excerpt as reference to the above which states:
Expiry and renewal of fixed-term agreements 14. (1) This section does not apply to transactions between juristic persons regardless of their annual turnover or asset value.
(2) If a consumer agreement is for a fixed term— (a) that term must not exceed the maximum period, if any, prescribed in terms of subsection (4) with respect to that category of consumer agreement; (b) despite any provision of the consumer agreement to the contrary— (i) the consumer may cancel that agreement— (aa) upon the expiry of its fixed term, without penalty or charge, but subject to subsection (3)(a); or (bb) at any other time, by giving the supplier 20 business days’ notice in writing or other recorded manner and form, subject to subsection (3)(a) and (b); or (ii) the supplier may cancel the agreement 20 business days after giving written notice to the consumer of a material failure by the consumer to comply with the agreement, unless the consumer has rectified the failure within that time;
(3) Upon cancellation of a consumer agreement as contemplated in subsection (1)(b)— (a) the consumer remains liable to the supplier for any amounts owed to the supplier in terms of that agreement up to the date of cancellation; and (b) the supplier— (i) may impose a reasonable cancellation penalty with respect to any goods supp****, services provided, or discounts granted, to the consumer in contemplation of the agreement enduring for its intended fixed term, if any; and (ii) must credit the consumer with any amount that remains the property of the consumer as of the date of cancellation, as prescribed in terms of subsection (4).
I would like Just Property Head Office’s formal response before I escalate any further. I believe this is malpractice by your franchisee, and would like to lodge a formal complaint. I am not in the position to pay R31 992.00, as this is in direct contravention of the CPA and RHA. How is this amount fair and reasonable?
Please be advised Head Office is investigating this matter on your behalf and we will respond to you via email as soon as possible.
Have a lovely day!
Please be advised Head Office is investigating this matter on your behalf and we will respond to you via email as soon as possible.
Have a lovely day!
