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
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
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 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