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Can Your Tenant Claim a Lockdown Rental Remission?

By Ashersons Attorneys | Selwyn Zackon | Published on Wednesday, 12 January 2022
Tags: #Landlord Tenant Law #Litigation
The Covid-19 pandemic and its associated lockdowns and restrictions have impacted negatively on many businesses, and there has been much uncertainty as to whether commercial tenants of leased property are entitled to claim a remission of rental if their trading activities are curtailed.

Cape Town evictions appeal dismissed

By Daily News Published on Monday, 10 January 2022
Tags: #Landlord Tenant Law #Litigation #Property Law
The SCA has dismissed, in large part, an appeal by the City of Cape Town against an interim ruling preventing the eviction of people and demolition of structures without a court order during the National State of Disaster.

1902 ruling unpacked in lockdown dispute case

By Daily News Published on Tuesday, 23 November 2021
Tags: #Landlord Tenant Law #Litigation #Property Law
'Unprecedented circumstances’ brought on by the Covid-19 lockdown regulations have seen a legal battle between a commercial tenant and a landlord thrashed out in the Western Cape High Court.

Judgment reserved in District Six evictions case

By Daily News Published on Monday, 04 October 2021
Tags: #Landlord Tenant Law #Litigation
The Western Cape High Court has reserved judgment in the eviction case of 46 homeless people in District Six, whose structures were forcibly destroyed by law enforcement officials two weeks ago.

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.

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