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Christo Smith Law Blog

Evictions : new developments

 

The coming seminars on Evictions in the Magistrate’s Court will address interesting new developments and issues in eviction law. Here are a few of the current hot topics :

How does a Body Corporate deal with delinquent tenants that refuse to adhere to the rules? Can the Body Corporate obtain an eviction order against the occupier (tenant) and can it act against the owner of the unit? If an eviction order is permitted, how is it affected by the Sectional Titles Act and Pie? Bodies Corporate may have to revert to applications for interdicts, according to the latest case law.

A landlord faced with a tenant who refuses to vacate the premises on cancellation of the lease may claim damages for holding over. It may however be that the occupation is not based on contract in which case the landlord is left with a claim in delict for damages, i.e loss of rental. But what if the Pie Act applies? Will wrongfulness, which is an element of delict be affected by the “just and equitable” requirements of Pie and the Constitution? If a Court finds that the eviction is not just and equitable, the claim for holding over based in delict is impacted because the occupation may be held not to have been wrongful.

Can one spouse evict the other and if so, does Pie apply? it seems that ownership of the property is key to such evictions, however there are various other problematics.

Latest case law on procedure in eviction matters suggests that the same procedure should be followed in the Magistrate’s Court as is the case in the High Courts. Is this view to be followed and to what extent?

These matters are all dealt with in the coming seminars. Click Here to reserve a seat.

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Evictions : new developments