All tenants derive their ability to occupy the property from some form of consent that was given by the landlord or a person with authority to give the consent (such as an estate agent). Once this consent is given, the tenant has the right to occupy the property until the Read more
In almost all legal proceedings, the Courts will usually decide who must pay for the legal costs associated with the underlying legal proceedings and will make a “cost order” to this effect. The normal rule is that “costs follow the cause”, or in other words, the successful party will normally Read more
The very basis of a lease agreement is that the tenant will pay the landlord for the use of the property. If the tenant cannot afford the rent, whether due to unemployment or other factors, the tenant should rather find more affordable accommodation as soon as possible – however, it Read more
While there aren’t any definitive signs, there are some signs that a potential tenant may become a non-paying tenant. Accordingly, we recommend proper vetting and diligence. Some signs that a prospective tenant may become a non-paying tenant include the below signs. Poor Payment Record The prospective tenant has a poor Read more
We are often asked why a landlord should move quickly to evict a non-paying tenant and the answer is actually multifaceted. Loss of Rental Income The most obvious answer to the question is that you are losing money every day that the non-paying tenant is in the property and we Read more
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 Read more
A lot of clients have asked if they can lock out non-paying tenants, and the answer is a straightforward no. The reason why you should not lock out non-paying tenants is that section 16(hA) of the Rental Housing Act specially makes it a criminal offence to unlawfully lock out tenants, Read more
The short answer is that you cannot disconnect the water and lights of a tenant without a court order. Also, there are consequences for disconnecting the water and lights of a tenant without following the correct procedure. In terms of section 16(hA) of the Rental Housing Act, it is a Read more
In the context of evictions in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (the “PIE Act”), a private property owner is under no obligation to provide a tenant with alternative accommodation in order to evict the tenant. In a long list of cases Read more
Fortunately, this is a simple matter of contacting the Legal Practice Council and verifying if the person you are dealing with is an attorney. Also, you can search for the attorney on the website of the Legal Practice Council by following this link: https://lpc.org.za/members-of-the-public/list-of-legal-practitioners/