A Property24 reader asks:
I am currently renting a property directly from the owner. We originally signed a one year contract that expires on 1 March 2012.
The owner has recently started doing renovations to the house and told me that he is planning to sell the house. As far as I know the rental contract is binding and will take preference when the house is sold. The problem is they are making our lives a living hell - someone has to constantly be at home to allow the maintenance team in to work.
What I want to know is if I find another property to rent before the contract expires will I be in breach of contract?
Marlon Shevelew, specialist rental and eviction attorney at Cape-based legal firm Marlon Shevelew and Associates replies:
The short answer is that vacating premises prior to the expiration date of the lease, without the consent of the landlord, is a breach of contract, and may result in legal action being taken against the tenant.
That does not mean that the tenant herself will not have a claim against the landlord for depriving her of the beneficial occupation to which she is entitled or a right to claim that the landlord’s actions are in itself, a breach of the lease.
I believe that the tenant in this instance would potentially have a claim against the landlord for loss of the ability to enjoy the rented property, damages and at least a rebate on the rental she was obliged to pay. If alternative premises are secured, at a higher rental, she may even have a claim for the extra amount she has to pay at the new premises if she can prove that this was her only option in avoiding the nuisance caused by the landlord of her previous premises.
In keeping with the maxim of huur gaat voor koop, the tenant has a right to stay in the premises until the lease ends, irrespective of the sale thereof, and be afforded all that the lease provides.
She should immediately lay a complaint at her local rental housing tribunal and make reference to the unfair rental practices she is experiencing.
A landlord is allowed to renovate of course, but this must be done in consideration of its occupants.
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