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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.

Judge rules against evicting residents from flats

By Daily News Published on Wednesday, 17 February 2021
Tags: #Landlord Tenant Law #Litigation #Property Law
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

By Daily News Published on Wednesday, 27 January 2021
Tags: #Landlord Tenant Law #Litigation
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

By Daily News Published on Thursday, 10 December 2020
Tags: #Landlord Tenant Law #Litigation #Property Law
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

By Daily News Published on Tuesday, 08 December 2020
Tags: #Landlord Tenant Law #Litigation
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

By Daily News Published on Monday, 07 December 2020
Tags: #Landlord Tenant Law
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.

Bromwell housing judgment reserved

By Daily News Published on Wednesday, 18 November 2020
Tags: #Civil Rights #Landlord Tenant Law #Litigation #Property Law
Judgment in Cape Town’s Bromwell Street matter, where residents have taken the City of Cape Town to court over housing, was reserved yesterday.

SCA overturns farm owner’s bid to evict widow

By Daily News Published on Thursday, 15 October 2020
Tags: #Civil Rights #Landlord Tenant Law #Litigation #Property Law
A farm owner who attempted to evict pensioner Katie Moyeni (73), despite the fact she had stayed and worked at the farm since 1997, has failed in the SCA.

Landlords and Tenants: Alert Level 1 and the New Eviction Rules

By Ashersons Attorneys Published on Friday, 02 October 2020
Tags: #Civil Rights #Landlord Tenant Law
Landlords and tenants alike should understand the regulations applicable to tenant evictions during the National State of Disaster. Many tenants are of course finding it hard to meet their monthly rental commitments, whilst landlords still have to fund their ongoing expenses and will be keen to be rid of problem tenants preventing them from doing so.

Options to Renew Leases – Risks for Landlords and Tenants

By Ashersons Attorneys Published on Friday, 04 September 2020
Tags: #Landlord Tenant Law #Litigation #Property Law
Leases often give tenants an option to extend or renew at the end of the current term, and tenants who lose sight of the value and importance of such an option are flirting with disaster.

Cape Town to appeal evictions judgment

By Daily News Published on Wednesday, 26 August 2020
Tags: #Civil Rights #Landlord Tenant Law #Litigation
Cape Town Mayor Dan Plato says the city will appeal a judgment yesterday removing the City of Cape Town's right to protect property from land invasion.

Leases, Contracts and COVID-19: What is Force Majeure?

By Ashersons Attorneys Published on Monday, 03 August 2020
Tags: #Landlord Tenant Law #Litigation
The COVID-19 crisis has changed everything. Our personal lives have been upended and our businesses hit hard. And with many businesses operating out of leased premises, a great many landlords and tenants are asking themselves what happens if the crisis leaves a tenant unable to pay the agreed rental.

Hangberg eviction judgment expected today

By Daily News Published on Wednesday, 15 July 2020
Tags: #Landlord Tenant Law #Litigation #Property Law
Judgment in the matter between Hangberg residents and the City of Cape Town over the eviction and demolition of a family home in the area is expected today, says a Cape Argus report.

City told to halt evictions or face legal action

By Daily News Published on Monday, 06 July 2020
Tags: #Civil Rights #Landlord Tenant Law #Litigation
The Legal Resource Centre (LRC) has given the City of Cape Town until today (6 July) to halt all evictions in the metro or it will approach the courts for relief. The LRC has been instructed by the Human Rights Commission, the Housing Assembly and Bulelani Qolani – the man who was removed from his shack naked – to challenge the city's eviction policy, as well as its alleged human rights violations, notes a News24 report.

Mashaba's police raids ruled unconstitutional

By Daily News Published on Wednesday, 01 July 2020
Tags: #Civil Rights #Landlord Tenant Law #Litigation #Property Law
A full bench of the Gauteng High Court (Johannesburg) has declared a section of the SA Police Services Act used to allow police raids against residents of so-called ‘hijacked’ buildings constitutionally invalid.

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