

Question
Hi,
Could you please advise me on how I'd be able to cancel my contract?
We moved in on the first of April and the one bedroom has mould on the roof from a leaking pipe from the tenants above us.
When we moved in we had a verbal agreement {nothing in writing} that he'd sort it out. Its now been going into our 3rd month and nothing has been done. In our lease it states that we are to give a two months notice period if we wish to leave but we'd like to leave sooner.
What are our rights with regards to this and are we able to leave sooner?
Thank-you
Megan
Answer
I would love to give you sound advice but without seeing the full contract it is impossible. Any laywer or person with legal knowledge can read through the contract and see if it can reduce your notice period but I doubt it. Normally repairs and maintenance that does not make it totally impossible to live there, won't affect the normal agreement but in the contract it does state who is responsible for what costs and under that you could have some ground on. With a sound contract such costs cannot be subtracted from your rent or cause you to give notice less than the current 2 months.Also, make sure if its calender months that you should give notice and if you are in a year contract, if you should help looking for new tenants. You can also ask legal advice for 100% correct advice on how to act and what your rights are. In future, always make sure such a clause is part of the written contract and gives you the right to cancel if not properly repaired within a certain time period.
Always have everything in writing – unfortunately everyone does not keep their word!
- Charné van der Walt

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Charné van der Walt is currently away and will be back to answer your questions on 7 September 2008.
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