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Landlord Tenant Law

Are you a landlord who has a tenant who is not paying their rental? Has your tenant caused damage to your property? Do you want to cancel the lease agreement? What rights do you have as a landlord or owner of the property?

Does it make a difference if the property is commercial or residential?

Are you a tenant who can't afford to pay his rental? Has your landlord cancelled the lease agreement, or is the landlord threatening to evict you from the premises? What rights do you have as a tenant? Can the landlord simply evict you?

We have a whole panel of Lawyers who can assist both landlords and tenants with sound legal advice regarding your Landlord /Tenant Law question today!

Most recent Articles posted

Eviction Refused – Landowners, Unlawful Occupiers and the “Just and Equitable” Test

“Unlawful occupiers” of land have strong rights under our Constitution and other laws, and most property owners and landlords understand the need to tread carefully whenever the issue of eviction arises. They are required to comply fully with the provisions of PIE (the “Prevention of Illegal Eviction and Unlawful Occupation of Land Act”) – certainly achievable but never to be taken lightly.

SCA overturns High Court lease agreement ruling

The SCA has upheld an appeal against an order of the Western Cape High Court, over a lease agreement between Capital Propfund 4 and Harbour Arch Investment Holdings.

Tenant has right to remain on property

The SCA has upheld an appeal against a Western Cape High Court decision to evict a Cape Town woman, her 83-year-old mother and their housekeeper.

SCA rules against 2009 farm eviction

After a 12-year battle, Clara Phillips (84) and her disabled son have been vindicated by the SCA that ruled against their eviction from a Somerset West property.

UJ’s ceded lease repudiated agreement

The Constitutional Court has come to the University of Johannesburg’s (UJ) rescue, says a report in The Herald. It ruled in the institution’s favour in a case involving land UJ leased to a school of theology 25 years ago.

Ingonyama to repay millions after leases ruled unlawful

The KZN High Court (Pietermaritzburg) has declared the Ingonyama Trust Board’s (ITB’s) residential lease programme unlawful and has ordered it to pay back millions it has collected from residents since 2012.

Families in rent arrears to fight eviction

More than 100 families face eviction at the Steen Villa social housing complex in Steenberg over their failure to pay rent.

Landmark ruling on farm evictions

A farmer’s application to evict the adult children of farmworkers employed on his farm Hammansdans outside Wellington in the Western Cape has been dismissed by Judge Zeenat Carelse in the Land Claims Court.

Court relief for evicted squatters

The Gauteng High Court (Johannesburg) has ruled the eviction of a group illegally occupying a property in Dunkeld was unlawful, and they should be allowed to move back onto the property, says a News24 report.

Landlords: Can You Cut Electricity to Collect Arrears or Evict?

Landlords can be sorely tempted to force defaulting tenants to settle their arrears (or to vacate the premises altogether) with a bit of instant “self-help” by cutting electricity or water supplies, or perhaps by changing locks or disabling access codes.

People living illegally in upmarket home evicted

A street in the upmarket Johannesburg suburb of Dunkeld was lined with mattresses and scattered belongings as more than 50 people were evicted from a property that they say they had been occupying for more than 10 years.

Claims by man claiming Jesus as his advocate thrown out

Nqobile Nxumalo dug into his faith to get him through a claim for arrear rentals and an application by his landlord for his eviction, telling the Eastern Cape High Court (Gqeberha) that he did not have a legal representative.

Counter-spoliation debate dominates land invasion case

The rights of evicted people and legitimate means to repel land invasions dominated the recommencing of an application by the Human Rights Commission (HRC) and the EFF against the City of Cape Town in the Western Cape High Court.

SAPS breached law by allowing building 'hijacking'

SAPS members allegedly stood by and did not intervene when the Goedehoop Rental Complex – a building owned by non-profit housing agency Communicare – was hijacked in Cape Town this month.

Landlords: Can You Cut Electricity to Collect Arrears or Evict?

A landlord battling a problem tenant may be tempted to bypass the delays and cost of legal action with some robust “self-help” action, like cutting electricity or water, or blocking access to the premises with a change of locks or access cards. The problem is that our law has always frowned on the concept of “taking the law into your own hands”. A landlord doing so acts unlawfully, allowing the tenant a quick and powerful remedy in the form of a “spoliation order”. We discuss what that entails, what the tenant must prove, and (by referring to a recent High Court decision) whether the landlord can successfully argue that a right to an electricity supply is just a “personal right” and thus not covered by the spoliation remedy.

Judge rules against evicting residents from flats

The Schubart Park residents who were moved to Parkview Units, among other complexes, a decade ago, may continue living there for now.

Tshwane, landlord row over evicting unruly tenants

The landlord of Parkview Units ‒ one of three housing complexes which have been accommodating former Schubart Park residents ‒ wants to evict the more than 300 people.

Battle over R10m Hout Bay mansion continues

A family who bought a R10m mansion in upmarket Hout Bay is struggling to evict a tenant who has been residing on the property before the previous owner sold it, resulting in a court battle to force him out.

Women want Ingonyama Trust leases declared invalid

A group of mostly women say they were tricked into signing leases by the Ingonyama Trust on their ancestral land and are now seeking a KZN High Court (Pietermaritzburg) order to declare the agreements invalid.

Evictions being granted again, says attorney

How courts are moving in tandem with the easing of lockdown restrictions in their rulings on evictions is noted by attorney Simon Dippenaar in a Fin24 report. He says in the early stages of the Covid-19 pandemic, evictions were not allowed, but points out a recent case shows fair consideration for all parties.

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