Property in his Blood
SAPOA JOURNALISM AWARDS
SAPOA JOURNALISM AWARDS deprivation of property; and 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.” Special mention is made of the rights of the elderly, children, disabled persons and households headed by women, so that these vulnerable groups are not further disadvantaged by undue threats to the security of their homes.
Step one of the eviction process Before undertaking a formal eviction process, it is good practice to send notice to the tenant informing them of the breach of the lease agreement, with specific reference to the breach clause included therein. If you want to give your tenant a reasonable chance to put things right, the letter can offer seven days to pay, and specify that only if no action is taken in that time will you cancel the lease. Many tenants will take a‘ lawyer’ s letter’ more seriously than one from the landlord alone ‒ so it’ s a good idea to ask your lawyer to draw one up for you.
The next steps that may follow … Hopefully that will be the end of the matter, and satisfactory landlord / tenant relations will resume. However, should you need to take things further, bear in mind that a landlord may not simply evict a tenant. You may seek a court order to evict if your tenant is in breach of contract. But remember that a lease agreement also falls under the Consumer Protection Act( CPA), so whatever you may have stated in the breach clause, you must give at least 20 business days’ notice to the tenant to rectify the breach before the agreement can be cancelled.
If the notice period expires without payment being received, you may then proceed to issue a summons with an automatic rent interdict. If the tenant still fails to pay the rent after receiving the summons, you are legally entitled to cancel the lease agreement. The tenant has forfeited the protection of the agreement and has become an illegal occupier of the property. You are now acting within the terms of the PIE Act if you evict.
Who can help? The Rental Housing Tribunal can advise you of your rights and responsibilities as a landlord and can help in the event of a dispute with a tenant.
Or contact a specialist in property law, who knows the PIE and Consumer Protection Acts inside, is aware of the challenges faced by both parties and can act for both landlords and tenants.
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