
Landlords often refer to an early cancellation of a lease agreement by the tenant as “a breach of contract.” This is not the case.
At The Legal Advice Office, we receive emails every single week from tenants who want to inquire about the possibility of terminating their lease agreements.
There are many reasons for this. Some are purely financial reasons, some because their businesses are not viable, sometimes it is because they want to relocate either from one city or town to another or simply to change the venue for their business.
In other case, it is because they were misled by the landlord or the agent at the time of entering the lease eg with regard to a misrepresentation as to the amount of anticipated foot traffic for their particular centre.
If you have valid grounds a lease agreement may be terminated and cancelled in terms of the common law.