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

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. Bear in mind that a court order is required before eviction, with additional restrictions applying during the pandemic lockdowns. A recent Supreme Court of Appeal (SCA) decision of Grobler v Phillips and Others (446/2020) [2021] ZASCA 100 shows…
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Bad Tenants: Can You Lock Them Out?

Bad Tenants: Can You Lock Them Out?

It’s very tempting, when you have a bad tenant who doesn’t pay his/her rentals or otherwise remains consistently and unapologetically in breach of your lease agreement, to slap the biggest and strongest padlock you can find onto the front door/driveway gate to bar him from further access to the leased premises. But don’t do it!  By taking the law into your own hands you immediately put yourself in the wrong and can land yourself in all sorts of trouble with unnecessary delays, extra legal costs, and perhaps even a damages claim. The recent High Court case of Taddese and Others v…
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A Home Owner Can Be Evicted As An Unlawful Occupier

A Home Owner Can Be Evicted As An Unlawful Occupier

Did you know that even as the owner of a house, you could still be evicted from it as an “unlawful occupier”? That could happen if, to take one example from a recent Supreme Court of Appeal matter (A Hendricks v M Hendricks & Others (20519/14) [2015] ZASCA 165), you give someone else a right of habitation (“habitatio”).  But why, you may ask, would you do that? Useful tools for property owners Our law provides you with a range of useful tools to make the most of your property, including several different types of occupational and usage rights. For instance you…
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