Information not disclosed before signing of lease
Does the following situation render the lease contract void:
Factory was let to me without disclosing numerous roof leakages including ones running over DB boxes. Such leakages has compromised the start of our operations due to potential risks. However, landlord probably didn’t know about those leakages themselves.
Landlord has left couple of their machinery in the leased premises and upon signing of lease, it was verbally agreed that the machines will be moved out in mid October 2017. It is now 2018 and the machines are still there.
You did not indicate whether the lease was entered into by your company as juristic person or by yourself as a natural person. Be it as it may, the Consumer Protection Act applies to commercial leases entered into with natural persons as well as juristic persons with an annual turnover or asset value of less than R2 million. The NCA impacts are felt on leases which are unfair and unjust. For example, the joint inspection of premises by both parties before the tenant takes occupation and within three days before the tenant moves out, are fair and just terms of any lease. The landlord should make sure that the property is handed over to the new tenant without any defect and a joint inspection is to confirm this. Again, you did not indicate in your post whether a joint inspection of the factory took place before you moved in. That would have enabled me to advise appropriately.
With regard to the machinery, what you should do is to issue the landlord in writing with a notice to remove. Give him say 14 days failing which you will take a legal step to remove it, and therein claim costs of removal and action and damages (if any). Thank you.