Real Estate Investor Magazine South Africa March 2016 | Page 25

LEGAL

Navigating the Relationship

between tenants and landlords
When is a tenant not a tenant?
BY SIMON DIPPENAAR

I

n terms of the Constitution of South Africa, “No
one may be evicted from their home, or have
their home demolished, without an order of court
made after considering all the relevant circumstances.
No legislation may permit arbitrary evictions.” The
Prevention of Illegal Eviction (PIE) Act (1998) sets
out the procedure to be followed if eviction becomes
necessary.
However, there are times when PIE does not apply.
As a landlord, how can you be sure that you act in full
accordance with the law at all times?

Tenant vs. guest

Recent case law draws a distinction between the
residential status of ‘guest’ and ‘tenant’, stating that
hotel guests and occupants of holiday accommodation
are not true tenants and thus are not protected by
PIE. This decision rests on the definition of ‘home’
and asserts that if the occupant has a habitual
dwelling elsewhere, then the holiday cottage or hotel
lodging does not constitute one’s home and the owner
has the right to evict guests if they should overstay or
otherwise breach the existing contractual agreement.

Tenant vs. lodger

But what about the lodger in one’s home? If you
rent your spare room to a student whose occupancy
becomes disru ]