Eviction law has been significantly impacted by case law and procedure during the past year. In addition the Consumer Protection Act has changed the procedure of some evictions. The sectional title and community scheme landscape has been drastically transformed by new legislation which makes provision for a dispute resolution mechanism as alternative to legislation through the courts. The Sectional Titles Schemes Management Act 8 of 2011 and the Community Schemes Ombud Service Act 9 of 2011 came into effect on 7th October 2016. Various Regulations have also been published.
Attorneys, Trustees and Estate agents must know the critical aspects of the legislation. It provides for a litigation process regarding disputes to be decided by the Ombud. The legislation also requires compliance in various respects and contravention may result in liability of estate agents and various other persons, based on negligence in the execution of their duties and marketing of property.