What if There is a Breach of Agreement by the Landlord?


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As the saying goes: “There is nothing new under the sun.” A breach of agreement is not a new occurrence, but that doesn’t excuse the breaching party. Depending on the details of your tenancy agreement, a breach of the agreement by your landlord might be a refusal to do repairs, default on the provision and availability of certain facilities, the restriction of tenants, amongst other things. So the question is, what can you do about it? Well, a few steps can be taken, some of which are:

Write to Your Landlord: It’s a dire position to be in when there is an agreement breach by your landlord because you will most likely have to deal with the bulk of the problem. Don’t make any assumptions; write to your landlord informing them that they’re in breach of contract, and list the problems. Indicate in the letter that you expect the landlord to make the necessary corrections on the breach. Inform them that if the breach continues, you will have no choice but to terminate the agreement, also that legal action may be taken. Make sure you make copies of this letter.

Give Them Time: After the letter has been sent to your landlord, give them a realistic amount of time to make amends. The time given is a measure of good faith, as it is possible your landlord is not aware that they’re in breach of the agreement, and the letter may call his attention to it and amends be made. On the flip side, if your landlord is purposely breaching your agreement, they may never respond to the letter, but a realistic period of time may see them regret what they’ve done.

Serve a Notice to Quit: So, you have given your landlord enough time, yet no remedy has been made to the breach, the next step is to give your notice to quit. This means that you are terminating your tenancy agreement on the grounds of agreement breach. As long as the breach has legal recourse, you can terminate your tenancy agreement with the aim of taking legal action once you vacate the property. Never terminate your tenancy agreement unless you are absolutely sure you’ve done all you can to change your landlord‘s behaviour.


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