How to evict the tenant
There is no longer a common law right to evict someone from residential property. Instead the owner or
landlord must follow the procedures and provisions of
the Prevention of Illegal Eviction and Unlawful Occupation of land Act 19 of 1998 (PIE).The tenant must be
notified of the pending action, by means of a Notice of
Intention to Evict and this must be done at least 14
days before the date of the court hearing. This notice
must also be sent to the respective municipality involved.
On the date of the hearing, the court will consider factors such as whether the person is an unlawful occupier, whether the owner has reasonable grounds for eviction and alternative accommodation available to the
tenant. It is now considered a criminal offence to evict
someone without a court order. Constructive eviction,where a landlord cuts the water or electricity supply to the property in order to “drive” the tenants out,
for instance, is a criminal offence.
The type of action or application that your legal representative will bring will vary depending on the facts
and circumstances of the matter. Such actions or applications can be heard in the Magistrate’s or High Court,
depending on the value of the occupation and not the
leased property value. The lease agreement may also
have a clause embodied in it where the parties agree to
a particular court’s jurisdiction, where upon that will
be followed.If the court proceedings are successful a
warrant of ejectment may be issued, whereupon the
owner or landlord may proceed with the eviction of the
illegal occupier.
Once the owner or the proprietor of the leased property has followed all the prescribed procedures as laid
out in the PIE Act and they have established that their
tenant is considered an unlawful occupier, then they
may proceed with the above-mentioned steps in order
to evict them from their property.
Getting the tenant out
An unlawful occupier may be removed from the premises upon the instruction of an eviction order/warrant
of eviction with the assistance of the Sheriff of the respective court at a minimal fee. The steps laid out in
the PIE Act are simple to understand and to follow,
allowing a transparent and fair chance to both the
landlord and the tenant in these difficult situations.
Kindly note that the information above is only applicable to residential property (houses or similar structures
used for occupation)
This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability
can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein.
Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)
BREDASDORP