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

By Ashersons Attorneys Published on Wednesday, 01 September 2021
Tags: #Landlord Tenant Law #Litigation #Property Law
“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

By Daily News Published on Tuesday, 10 August 2021
Tags: #Landlord Tenant Law #Litigation
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

By Daily News Published on Friday, 06 August 2021
Tags: #Landlord Tenant Law #Litigation #Property Law
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

By Daily News Published on Friday, 16 July 2021
Tags: #Civil Rights #Constitutional Law #Landlord Tenant Law #Litigation
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

By Daily News Published on Tuesday, 15 June 2021
Tags: #Landlord Tenant Law #Litigation #Property Law
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

By Daily News Published on Monday, 14 June 2021
Tags: #Constitutional Law #Landlord Tenant Law #Litigation #Property Law
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

By Daily News Published on Friday, 28 May 2021
Tags: #Landlord Tenant Law #Litigation
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

By Daily News Published on Thursday, 06 May 2021
Tags: #Civil Rights #Landlord Tenant Law #Litigation #Property Law
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

By Daily News Published on Monday, 12 April 2021
Tags: #Ethics #Landlord Tenant Law #Litigation #Property Law
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?

By Ashersons Attorneys Published on Saturday, 10 April 2021
Tags: #Civil Rights #Landlord Tenant Law #Litigation
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

By Daily News Published on Wednesday, 07 April 2021
Tags: #Civil Rights #Landlord Tenant Law #Litigation #Property Law
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

By Daily News Published on Wednesday, 31 March 2021
Tags: #Landlord Tenant Law #Litigation
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

By Daily News Published on Friday, 26 March 2021
Tags: #Civil Rights #Landlord Tenant Law #Litigation #Property Law
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'

By Daily News Published on Thursday, 25 March 2021
Tags: #Ethics #Landlord Tenant Law #Litigation #Property Law
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?

By Ashersons Attorneys Published on Tuesday, 02 March 2021
Tags: #Landlord Tenant Law #Litigation #Property Law
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.

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