close and, similarly, an eviction order brings an
unlawful occupation of the landlord’s property
to an end.
An eviction application
can only be launched if
the tenant is an unlawful
occupier
Financially, the tenant has severe financial
implications, which include, but are not
limited to, an inability to continue occupation
at a potentially favourable rental, costs of the
litigation against you as the landlord and the
inability to procure a reference for your next
property. Then again, the tenant may, but not
always, be the author of this predicament.
From a landlord’s perspective, the financial
burden of lost rental, potential damages to
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your investment, mitigating your loss by way of
procuring a new tenant at a cost, and the need
to somehow make up the lost rental income are
all issues that are often experienced.
A landlord has a right to receive rental
timeously in terms of the lease, as entrenched
in the Rental Housing Act and it’s various
unfair practice regulations. A tenant, similarly,
has entrenched rights once an eviction order
has been granted. Any attempt to eject a
tenant, subsequent to the eviction order being
granted and prior to the formal dates to vacate
can be a further financial implication.
The unlawful occupier can apply to court
under the law of the ‘mandament van spolie’,
which affords the unlawful occupier the right
to apply to court, on an urgent basis, to restore
occupation.
RESOURCES
Marlon Shevelew and Associates Inc.
Residential E-Book 2016 19