The Western Cape High Court considered an opposed eviction application concerning a lease at Kays Caravan Park. It found that, on the papers, the lease was for a fixed term of two years and that the termination letter was invalid because it was equivocal and did not give the required notice under the CPA. The application and counter-application were dismissed.
This may be relevant to property, eviction and consumer protection matters involving lease termination wording and disputed lease terms.
Evidence from source
Summary : Lease — termination — notice — equivocality — Letter purporting to cancel lease with immediate effect while simultaneously affording time to vacate and demanding payment of arrears unacceptably equivocal
Supports: Summary sentence 2: the termination letter was found invalid because it was equivocal.
I am therefore of the view that the respondents’ version must be accepted on these papers, viz. that the lease agreement was for a fixed period of 2 years, and that accordingly the provisions of section 14(2)(b)(ii) of the CPA applied
Supports: Summary sentence 2: the lease was treated as a fixed term of two years and CPA notice was discussed.
[1] The application is dismissed; [2] The counterclaim/counter-application is dismissed;
Supports: Summary sentence 3: the application and counter-application were dismissed.