Speaking in terms of residential evictions, the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act specifically provides that:
(1) Notwithstanding anything to the contrary contained in any law or the common law, the provisions of this section apply to proceedings by an owner or person in charge of land for the eviction of an unlawful occupier.
In the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act:
“owner” means the registered owner of land, including an organ of state;
“person in charge” means a person who has or at the relevant time had legal authority to give permission to a person to enter or reside upon the land in question;
In light of the above, there are only two groups of people who can seek an eviction order: firstly, the owner of the property; and secondly, the person in charge of the property. While this appears to be rather narrow, the courts have interpreted the above to mean that the following persons can sue for an eviction order:
- Persons who own the property and have their names on the title deed;
- Executors of late estates;
- Trustees;
- Curators;
- Liquidators;
- Sublessors;
- Estate agents – where mandated to lease the property;
- Property managers, where mandated to grant the right to occupy the property; and,
- Any person who has been given the authority to grant someone the right to occupy the property.
Generally speaking, the courts prefer that the property owner sues for the eviction, as it is easy to prove that the property owner has the right to sue for an eviction; however, this is not a rule against someone else suing for the eviction.
The above should not be accepted as legal advice, and you are advised to seek legal advice.
0 Comments