Legal Articles and Guides
Being evicted? Have a tenant who is not paying his rent? What are your rights? What are his rights? Would you like a qualified Lawyer to assist you with your Landlord / Tenant Law question today?
The City of Johannesburg will not be able to meet the Constitutional Court’s requirement to provide alternative accommodation to people evicted from illegally occupied buildings, because it simply does not have enough space. According to a Mail & Guardian Online report, Johannesburg Mayor Herman Mashaba said: ‘At the moment, we don’t have the capacity to accommodate people who would still be evicted.’
The Legal Resources Centre has welcomed a Constitutional Court judgment which has implications for the conduct of courts in future evictions of occupiers, says a TimesLIVE report. The centre represented the Poor Flat Dwellers Association‚ a non-profit organisation formed in 2009 to resist the exploitation of flat dwellers‚ as a friend of the court in the case in which the Constitutional Court held that courts have an obligation to consider all relevant considerations before ordering an eviction‚ in cases where an unlawful occupier has apparently consented to his removal.
Courts have an obligation to consider all relevant considerations before ordering an eviction‚ in cases where an unlawful occupier has purportedly consented to his removal. The Constitutional Court made this finding yesterday as it rescinded a 2013 order made by the High Court evicting 184 occupiers from a block of flats in Johannesburg. The decision has been described as momentous by the Socio-Economic Rights Institute (Seri)‚ which represented the occupiers, notes a TimesLIVE report.
Levy collections are the life blood of sectional title schemes, and collecting them is likely to get harder with the economic fallout from our downgrade to junk status. So if you own property in a scheme, and particularly if you are a trustee of your body corporate, you need to know about the new SCA (Supreme Court of Appeal) decision in Body Corporate of Empire Gardens v Sithole and Another (240/2016)  ZASCA 28 which puts at risk the body corporate’s right to apply for sequestration of levy defaulters.
If you want to end your contract early, this can only be done “in situations where the Consumer Protection Act or Rental Housing Act apply” – or if there’s a clause in the contract that allows for early cancellation, or if both parties agree to it.
This is a question that comes up often, as cutting electricity is seen by Body Corporates as an effective way to force owners to pay outstanding funds.
All the unlawful occupiers of a block of flats in Berea, Johanneburg, want is for the city to provide them with alternative accommodation – and, having failed in the High Court and SCA, took the matter to the Constitutional Court yesterday. The owner of the building‚ Calvin Maseko‚ has been unable to move in to renovate the building, notes a TimesLIVE report.
The Gauteng High Court (Pretoria) has ordered the eviction of a Pretoria businessman‚ who defaulted on his rent and even charged overtime for fixing a water pipe in the house he was renting. Tenant George Webb had been skipping rental payments since taking occupancy of Nomlamali Mahanjana's five-bedroom house in June 2015‚ claiming this money for repairs he had done on the house.
Twenty-seven adults and six children who have been living on the street outside the building in Yeoville‚ Johannesburg‚ from which they were unlawfully evicted almost two weeks ago have been given the right by the Gauteng High Court (Johannesburg) to return home. This was confirmed by the Legal Resources Centre (LRC)‚ which represented the families, notes a TimesLIVE report.
Private property developers at the centre of a legal dispute expected the court to ‘get blood out of a stone’ when they asked that Bromwell Street residents in Woodstock – who are facing eviction – pay their legal costs. A Cape Times report says the lawyer for Woodstock Hub had asked the Western Cape High Court yesterday to order the residents to pay for the legal fees.
Going through a list of our files the other day, I realised that our firm dealt with 99 eviction matters in the last year. Some instructions related to residential evictions, some related to farms. The majority of our instructions relate to commercial property. I’ve seen commercial property management strategies that work, and I’ve seen strategies flop. One of our clients has reduced their tenant default rate to one percent, while another company we worked with has a default rate ten times that, at ten percent.
Section 4 (6) of PIE states that if an unlawful occupier has occupied the land in question for less than six months at the time when the proceedings are initiated, a court may grant an order for eviction if it is of the opinion that it is just and equitable to do so, after considering all the relevant circumstances, including the rights and needs of the elderly, children, disabled persons and households headed by women.
Landlords are obliged to notify their tenant of the upcoming expiration of the lease agreement. This obligation will arise not more than 80 but not less than 40 business days before the expiry date of the fixed term agreement.
Section 4(7) of the Prevention of Illegal Eviction Act (PIE) states that if an unlawful occupier has occupied land for more than six months at the time when eviction proceedings are initiated, a court may grant an order for eviction if it is of the opinion that it is just and equitable to do so. Relevant factors which must be taken into account are the availability of alternative accommodation and the rights and needs of the elderly, children, disabled persons and households headed by women.
In this reported judgment, Le Roux Attorneys successfully represented Applethwaite Farm in evicting Mr Patrick Tshongweni and all those holding title under him from the farm in terms of Section 4 of the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act No 19 of 1998 (‘PIE).