Answer grounded in published legislation
Your question
I need help understanding my legal position under Namibian law. Our fixed-term residential lease ends on 31 August 2026. The contract says two months’ notice must be given before the lease ends. On 6 August 2026, our rental agent told us the owners were selling the property and wanted us to move out by the end of August. We agreed and, based on that, found another place to stay. Afterwards, we were told that because we did not give two calendar months’ notice, we are supposedly responsible for rent until 31 October 2026. Is this legally enforceable if the lease itself ends on 31 August? Does a fixed-term lease automatically expire, or can the notice clause extend our liability? Also, can the agent’s instruction that we move out by the end of August count as notice or a mutual agreement to end the lease, especially since we relied on it and found another property? Please analyse this under Namibian law, including whether waiver, estoppel, mutual cancellation, or the agent’s authority could apply, and whether we could legally be liable for September and October rent.
The supplied sources do not support a determination of whether a fixed-term residential lease ending on 31 August 2026 expires automatically, whether its two-month notice clause creates liability through 31 October 2026, or whether the agent’s instruction constituted notice, waiver, estoppel, mutual cancellation, or an authorised act of the owners. Sources 2 and 5 concern early payment and notice in specified finance leasing transactions, not residential leases; source 6 concerns termination of telecommunications services; and sources 1, 3 and 4 identify estate-agent regulations but provide no provisions addressing these lease issues. 123456
Verified sources
Where this answer comes from
Estate Agents Act 112 of 1976-Regulations 1977-1472
13 November 1981 The Government Notice that publishes these Regulations notes that they were made by the Minister of Industries, Commerce and Tourism after consultation with the Estate Agents Board. RSA Government Notice R.1157 of 1985 (RSA GG 9759) came into force on date of publication: 30 May 1985 The Government Notice that publishes these Regulations notes that they were made by the Deputy Minister of Finance and of Trade and Industry acting on behalf of the Minister of Trade and Industry after consultation with the Estate Agents Board. Government Notice 221 of 2015 (GG 5845) came into force on date of publication: 1 October 2015 The Government Notice that publishes these Regulations not...
Usury Act 73 of 1968
and finance charges owing by a l essee in connection with a leasing transaction have, in terms of an agreement between himself and the lessor, to be paid in instalments including finance charges over a period in the future, and the lessee pays such principal debt and finance charges (not being the final instalment) in one amount before the due date thereof without notifying the lessor in writing in accordance with a provision, as contempl ated in section 3A(1)(a), of the instrument of debt concerned of his intention so to pay such principal debt and finance charges, and such transaction is terminated by such payment: Provided that the date on which - (a) such transaction is terminated or the...
Estate Agents Act 112 of 1976-Regulations 1986-1798
Regulations relating to the Issue of Fidelity Fund and Registration Certificates RSA Government Notice R.1798 of 1986 (RSA GG 10403) came into force on date of publication: 29 August 1986 The Government Notice that publishes these regulations notes that they were made by the Deputy Minister of Finance and of Trade and Industry, acting on behalf of the Minister of Trade and Industry, after consultation with the Estate Agents Board. as corrected by RSA Government Notice R.2106 of 1986 (RSA GG 10476) came into force on date of publication: 3 October 1986; correction relates only to the Afrikaans text and as amended by AG Government Notice 97 of 1989 (OG GG 5844) came into force on date of publi...
Estate Agents Act 112 of 1976-Regulations 1986-0798
Regulations relating to the Issue of Fidelity Fund and Registration Certificates RSA Government Notice R.1798 of 1986 (RSA GG 10403) came into force on date of publication: 29 August 1986 The Government Notice that publishes these regulations notes that they were made by the Deputy Minister of Finance and of Trade and Industry, acting on behalf of the Minister of Trade and Industry, after consultation with the Estate Agents Board. as corrected by RSA Government Notice R.2106 of 1986 (RSA GG 10476) came into force on date of publication: 3 October 1986; correction relates only to the Afrikaans text and as amended by AG Government Notice 97 of 1989 (OG GG 5844) came into force on date of publi...
Usury Act 73 of 1968
and finance charges owing by the lessee in connection with a leasing transaction have, in terms of an agreement between himself and the lessor, to be paid in instalments, including finance charges, over a period in the future, and the lessee by notice in writing in accordance with a provision, as contemplated in section 3A(1)(a), of the instrument of debt concerned, has notified the lessor of his intention to pay the outstanding balance of the principal debt and finance charges thereon (not being the final instalment) in one amount before the due date thereof on the date, as contemplated in section 3A(1)(c), stated in such notice, and such transaction is to be terminated by such payment. [se...
Communications Act 8 of 2009-Regulations 1977-1191
Republic of Namibia 35 Annotated Statutes REGULATIONS Posts and Telecommunications Act 19 of 1992 Telecommunication Regulations H.20 Notification of termination or discontinuance of service Subject to provisions to the contrary in these regulations, the use of a telecommunication line may be terminated or discontinued after expiry of the minimum rental period or at any time after that: provided that in either case a calendar month’s notice in writing is given in advance by either party. H.21 Outdoor transfer of telecommunication lines (1) For the purpose of these regulations and for determining fees, rates and charges an application by the client for the outdoor transfer of his telecommunica...