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
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
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
Section 8(1) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act specifically makes it a criminal offence to evict someone without a court order granted by a competent court. In fact section 8(1) of the PIE Act reads as follows: No person may evict an unlawful Read more
In our law, a person cannot be evicted without an eviction court order. Sadly, a simple ‘eviction letter’ does not have the same effect as an eviction court order. In order to get an eviction court order in terms of the PIE Act, the following process will need to be Read more
Most landlords ask us the above question, and it can be difficult to decide when is the right time to evict a tenant. Most often, this can be answered with reference to the rental arrears or the difficulty that the tenant presents. We normally advise our clients that they should Read more