Consumer Information

Author : Millers Attorneys

Notice to Tenants

The question often arises as to how and for what period notice should be given to terminate a lease. Although there are some legal guidelines the answer depends on the circumstances and therefore each case should be judged on its own facts.

Unless there is a breach of contract a lease cannot be terminated before the end of the lease period agreed upon for the lease. A notice is unnecessary when the agreement terminates at the expiry of the lease period.

If there were no written agreement, the notice period would usually be in accordance with the payment period. For example if payment is made monthly, the notice period should be a calendar month. If for example the landlord wants the tenant to vacate the premises by the 30th September 2001 notice must be given not later than the 1st September 2001. Notice must be in writing and forwarded either by registered post or delivered by hand. In the latter case it is better if the tenant signs an acknowledgement of receipt on a copy of the notice.

If there is a written agreement, the same procedure regarding notice must be followed as set out above, unless the contract stipulates differently. You may agree to a shorter notice period, a specific address for delivery of notices and a given address for delivery (a domicilium address). Such address will be deemed sufficient notice.