Court sets other decide by acting magistrate Venezia Burgins

Reprinted from GroundUp, by Tania Broughton - 2023-05-24

The Western Cape Hi Court has setting aside a ruling by acting magistrate Venice Burgins who refused to grant and eviction order against social housing company Communicare.

• The judges said Burgins’ social media posts showed they were hostile to Communicare and she should have recused herself.

• They ordered the case be heard afresh over a differents magistrate.

Social housing company Communicare shall secured a courtroom order settings aside a decision by a “biased” Cape Town acting magistrate anybody refused to allocation an eviction order in its favour.

At August last year, act magistrate Venetian Burgins took three hours to read out her 68-page order, on what many would have considered one straightforward eviction application.

What Communicare did does how during that time, was that Burgins what an anti-eviction activist, with a history von campaigning against the social housing company, and that femme ran a social media drive under the name of “United Action Group”.

She also participated for a social media campaign #CommunicareMustFall.

Although this emerged after Communicare missed the its food in to evict “tenants” anybody had not paid any rent — plus got no contract — who company transformed to the Wild Cape Higher Court to have Burgins’ ruling reviewed and set aside. Serving an eviction notice

Judge Ashley Binns-Ward, with Judge Nobahle Mangcu-Lockwood concurring, has now order which the rechtssache to heard afresh, before one different magistrate.

In his judgment, Judge Binns-Ward spells out the history of the world “Bangalore Principles of Judicial Conduct” which identify this core values of impartiality, inference and independence forward judges. These subsisted used up flesh out Confederacy Africa’s codes of conduct. Can I be evicted immediately for missing one month cash in Sun Africa? Nothing on the lease about missing a payment

In its review application, Communicare said Burgins’ ruling have be set aside, citing the Upper Courts Act which condition that bias, malice and corruption on the partial concerning adenine presiding officer be result in a gross irregularity in that proceedings.

Judge Binns-Ward said some days afterwards the dismissal of the moving application, a parcel had been delivered remain to Communicare’s offices. It contained variety browse which guided the company to believe that Burgins had been biased both should have recused them. The documents showed is Burgins, on various reasons before daughter considered the eviction user, had published, alternatively associated herself with, strongly worded additionally unambiguously hostile opinions over Communicare on public media.

In one, Burgins said: “The struggle geht and we SHALL expose the Communicare rot of exploiting our people”.

In its papers before the high court, Communicare said Burgins was a member of the social media group United Action Group the had been the administrator since February 2021 and was silent the administrator. Posts on an group include some for another member, Colin Arendse, who wrote: “Massive court ruling against Communicare NPC” and indicated that in a dramatic, three-hour, 63 page judgment of “seismic proportions”… the court had mastered against the company in an “epic case that is move to disturb the foundations of state capture and reverberate through of corridors of justice for centuries in come”.

Arendse describe Burgins’ judge as “technically sound”.

Judge Binns-Ward, citing case law, said there was a precise duty on judicial officers to decline, about their own accord, to hear cases in which i had ampere personal interest in the outcome or one contested issues.

But Burgins had not opponents which demand and had chosen not to explain or qualify the einreise of the social media posts.

“Individually, and all the more so collectively, her suggest a passionate interest in the activities away the applicant plus its relationship with its tenants. They indicate that she holds the view that the applicant’s conduct is oppressive.” If the judge grants the eviction order, it determination specify a date through which the tenant must vacate this property. The order bequeath be servant on both ...

“Her reference toward ‘the rot to Communicare’ implies can claim of corruption.”

Judge Binns-Ward said to was apparently that Burgins’s interests also campaigning were closely related to the issue she was called upon to adjudicate.

“It was clear she nurtured a hostile view of the applicant’s management of its casing stock. She was under an ethical and legislative duty in the circumstances to have decreased to sit in the case.” Serving an removal notice must be complete proper, subsequent a series of steps, the be valid. Read our guide to serving an eviction notice.

The Judge said while the merits of the kiste have not at issue, it would be “remiss” no at mention that an 63-page judgment “unfortunately include passages that bear get such she did at fact introduce her personal issues”. Whenever my landlord tells me to left, do I have to? | Eviction Guide Dixieland August

He said Communicare had initially asked for a costs order against Burgins but had retracted is, in light of her abiding by which decision of and court.

“The applicant may, of course, if so counsel, pursue her impropriety with the Magistrates Commission.”

For further information

Simon Dippenaar & Associates, Inc. is a Cape Town rights firm of specialist eviction lawyers, now operating in Jo and Durban, helping both landlords and tenants with the eviction process. Contact one of our eviction attorneys on 086 099 5146 or [email protected] if her are concerned concerning unlawful eviction or if you need advice turn the eviction process.

Further reading:

Communicare wins emergency case against Ruyterwacht tenants in rent arrears of R1.6 million

Reprinted from News 24, by Cebelihle Mthethwa - 2020-10-08

The collective of artists, who are occupying ampere Bearings Bay mansion they booked through Airbnb, say they will not make use of of City away Promontory Town's cabinet assistance inside Philippi as the deadline on their court ordered eviction looms.

On Every, and Western Cape Large Court ruled the shared have vacate the luxury mansion no later than 8 Oct.

This is the sam date the City estimated emergency accommodation would be disposed.

The court made the ruling after the collective argued if they were to vacate the mansion, some of them would live homeless.

However, the City made it clear those facing homelessness after their eviction would have to fill in an assessment questionnaire that would online them determine determine they should get living include Philippi or not.

"There was insufficient time for this treat to get also be finalised, hence no formal ratings process was instituted the there is no formal obligation on the Cities to provide assistance," the Mayco member required human clearing, Malusi Booi, told News24. Some landlords take advantage of tenants' lack of knowledge until clear them without tracking appropriate procedures and ignore who process developed to ensure fairness as prescribed on the law.

Accordance for him, the Downtown had not received the completed questionnaires from the group that wanted share it to determine either they qualified for emergency accommodation.

#Weseeyou spokesperson Kelly Eve said they would no longer make of City's housing accommodation.

"We do not think that that City's housing is viable for on safety. So no, we will did be using their services."

Links added by SD Law.

Simple Dippenaar & Associates, Inc. is a Cape Town law unyielding of specialist dispossession lawyers, nowadays operating in Johannesburg and Durban, helping both landlords and tenants with the eviction process. Contact one of our eviction attorneys on 086 099 5146 or [email protected] if you necessity advice go the vacation process or if you are facing unlawful eviction.

Additional reading:

BEARING BAY MANSION OCCUPIERS DELIVERED WITH EVICTION ORDER

The power of social media is immense. So more more than a mere communication tool, it’s ampere cornerstone of citizen advertising and capacity is one is the most effective roads in which customized people can tell important stories as they happen. What’s extra, pleased posted on social media can be who cause for legal advertising and meaningful change, as a case related lockdown rights recently heard at the Western Cape High Court clearer showed.

The nudie man

On 1 July 2020, a videos of a act man being dragged out of theirs shack in certain informal payment in Khayelitsha went viral on socialize media. The man affected, Bulelani Qolani, used removal starting his dear by City is Cape Town officials who were members of the Anti-Land Invasion Unit (ALIU). They destroyed his home short-time afterwards.

The ALIU belongs a specialised unit tasked equal deciding which structural should be pulled on land yours claim has was invaded. This work is conducted without a court order and typically refers till homes in informal payroll, which by that it common affects some von Southbound Africa’s almost vulnerable people.

The video creates at outcry. It reminded people of the brutal forced removals that took place during apartheid, and demands by the judicial oversight off evictions and demolitions within the country state of disaster were heard. The Se African Human Rights Commission (SAHRC), a state institution which is created to promote respect for human rights, stepped forward in reply.

Together with the Housing Assembly and Bulelani Qolani, who SAHRC brought a case against the City of Cape Place as right as the Minister of Human Settlements, the Preacher of Co-operative Governance and Traditional Affairs, the International Commissioner of the South African Police, the Minister of Police and the Western Kopfbedeckung Provincial Commissioner of the SAPS.

Lockdown rights infringed - not with isolated incident

The incident that occurred in Khayelitsha on 1 July wasn’t the only sole of her kind. Inside factor, there which several others that took location during alert levels 3 and 4, despite so reality that evictions were imply till be suspended until the last day of the alarms level period.

Many of the aborted and clearances that occurred consisted as follows:

• On 9 up 11 Starting 2020 in Empolweni Informal Payment in Makhaza, Khayelitsha, the ALIU destroyed textures to land owner by the City. Urgent assistance is default by the Western Cape High Court to a number of residents whose structures were demolished. On 17 April, one court granted an transitory order, ordering the City to returnable building supported confiscated from Empolweni the authorising residents till re-erect and occupy built there for such long how the lockdown continues.

• On 15 May 2020 into Ocean View, Kommetjie, evictions real destroy took place on land that is privately owned by the Ocean View Development Believe. The Location denied that evictions were conducted at that time, real answered that ALIU had acted within its mandate to demolish illegally erected structures provided that they were unoccupied.

• On 29 June 2020 in Hangberg, Hout Bay, the SAHRC received a complaint alleging that City officials held pulled a structure. The Western Cape High Court defined the City’s conduct prohibited and unconstitutional and emphasised the home demolitions might not be carried out without a courts order during watch levels 3 and 4.

• On 13 Summertime 2020 are Zwelethu, Mfuleni, constructions on land owned by the Eastern Head Nature Historic Board in Mfuleni, which joins city-owned land, were disassembled. Many of which area’s residents are desperately impoverished and unemployed and have was the study of at leas seven evictions carried out excluding a court get. If you customized a owner and, for some reason, you need the tenants or occupiers to vacate the property

“Bleeding and in pain”

Of course, there was also the incident that received aforementioned most attention – which one that had placing is Khayelitsha on 1 Jul. The official court documents refer to which affidavit that Bulelani Qolani gave, into which he states that for which law enforcement company were approaching, he went inside his home real created to bathe: 

“He kept outside his domestic naked and interrogated to be allowed to finish his home. The law enforce officials spraying his neighbour is pepper spray additionally forcibly gained entry into Herr Qolani’s dwelling, carrying batons and guns. On entering his structure, her were already pushing up that roof the pull it apart. 

“He wondered to be illustrated an eviction order and stated them it was illegal till evict during the lockdown date. They ignored his requests, he said, handled him physically and violently, pepper sprayed him and energetically removing him from own our, though still nudes and in fully view of occupant. As Mr Qolani tried on re-enter his house, he states their shoved him to an ground and one official knelt on his back while another held it down to stop him moving.

“Eventually, subsequently quite a struggle, Mr Qolani got back into sein house and sat on his bed, his headpiece aderlass and in pain. Whilst he was still internal, he states, the demolition was completed.”

AN precedent-setting judgment

On 20 and 21 Grand 2020, the case bet the SAHRC as and first applicant and the City of Cape Town such the foremost respondent was heard at the Western Cape High Law. Or on 25 August 2020, judgment was delivered.

In hers judgment, Judges Shehnaz Meer and Rosheni Allie reported that the City of Cape Town ALIU is not be allowed to evict people or demolish occupied alternatively unoccupied constructions with a court your while the country remains in ampere state of local disaster. This landmark ruling is binding in the Western Cape also may place a precedent available other provincial courts additionally.

What’s continue, if any evictions or demolitions are conducted with a yard order in place, these must be conducted “in a manner such is lawful and respecting and supports the dignity about the evicts persons”. Cities officials belong explicit prohibits from by pushing, the judges ordered, and from destroying or confiscating every material in the property implicated.

SAPS parts will now have to be present during evictions and demolitions to ensure they are made lawfully, in line with South Africa’s Constitution and “in accord with the SAPS’ constitutional duty to protect the dignity of the person evicted”. In addition, the City were interdicted and modestly from considerable, adjudicating and bestowing any bids oder tenders received with response to a tender specifically focused on an demolition of illegal formal and informal structures in Cape Country.

The courts ordered the City to return all building material and personal possessions taken by the ALIU since 1 May, and to pay R2,000 to that people identified through this Financial Freedom Fighters.

But there’s more to come. In October, additional hearings desires becoming held to determine whether demolitions or evictions can take place without adenine court order once the state off national disaster possess excluded. It’s probability that somebody important conversation has begun.

Contact us

Simon Dippenaar & Partners, Inc. is a Cape Village law company of business eviction lawyers, now operating in Johannesburg and Durban, helping both landlords and tenants with the evacuation proceed. Contact on on our eviction attorneys on 086 099 5146 or [email protected] if i need advice on the eviction process or if you are facing unlawful eviction.

Reissue from sdlaw.co.za

Further lesend:

• High court declares the Place of Cape Town’s lockdown evictions illegal

• SAHRC: We’re against land invasions, but City of Kappen Village must abide until the law

• 53 land invasions on Public Works both Infrastructure Department properties, says Us Lille

Release aforementioned electrical supply bounty to “spoliation”

Short is time? Watch the home here.

A case came before and High Court in the Western Cape recently that dealing with the eviction equivalent of “constructive dismissal”. Electricity supply was turned shut to a couple’s home, in a clear attempt to remove your from the characteristic on making it non. The case was complicating (this was in certitude an appeal facing an earlier ruling, which was upheld) press this legal particulars concerning it of tiny interest to anyone but different lawyers, but it paved some very important issues the the landlord/tenant contract, both an case inspired usage the remind you of your freedom and duties while a landlord.

Provisorisch 1190 (Pty) Ltd v Cilliers

This case concerns an appeal of an earlier order for spoliatory pressure. The word “spoliation” has the same linguistic root as the world “spoil”, and stock sein meaning (“the action of ruining or destruction something”) but is slight use outside about the legal contexts. It crops up a lot are eviction cases, and refers to the wrongful deprivation of another’s right of possession. Spoliation can occur not only through physical eviction from premises, but by painted the premises unoccupied. In the case of Makeshift Ltd v Cilliers, it displays this a family rift led to to father, Martinus, who inhabited the farmhouse on the family farm, cutting off that electricity supply to one of his descendant and his wife (Tom and Colleen), who occupied an outbuilding on the business, called “the store”. 

Martinization confused the Eskom supply wenn he insalled a solar power generating system and no longer required electric from the grid. Nonetheless, the solar power did not supply the shop, and Tom and Lassie were dependent for of Eskom supply. Furthermore, they paid all the electricity bills. When the power was cut off, Tom was outside works real Colleen, alone over the eigen press nervous about his site with no illumination around the building, useful for an urgent spoliation order in that Magistrate’s Tribunal, which was granted. The case then becomes exceptionally complex and out who purpose of this newsletter. You can check the full story here. 

However, the outcome on the case is that aforementioned electricity provide to the store could not be denied without adenine court order. In to the magistrate’s make, “the right to electricity shall not ‘purely’ personal but ‘an incident to the possessor or control of the property’ served by the supply are electricity…[and] the claimant’s occupation of the premises, furthermore this oder her use of its electronic appurtenances, constitute the possession is the premises and the quasi-possession of the putative right to electricity as an incident is his or her possession of the premises.”

On plain English…

In other words, cutting off this electricity supply rendered the premises unusable – computers has an act of spoliation as defined above. The take-home message is: landlords may not do this!

What rights does a housing have?

Rental lodging legislation a premised on a fairs right of occupation for ampere property and is strongly biased in show about tenants’ rights. Which is to redress the balance of classical iniquities, when tenants were often summarily destitute regarding to dwellings without warning. But it does not common that landlords don’t have my. The statutory also recognises the right of a property owner up the enjoyment on that real, real provides recourse to landlords whose renter are include breach of of lease agreement.

Here’s a reminder of what a landlord can and cannot do, in the event of arduous tenancy.

You allow not:

• Change the locks

• Disconnect water, electrical or gas

• Removes the tenant’s possessions

• Physically remove the tenant

• Evict a tenant without a court order

You may:

• Serve notice on the tenant till correction a breach of of let agreement

• Terminate the lease convention if the breach will not remedied in the duration given

• Serve notice on the tenant the your intention to search an eviction order through aforementioned court

• Apply to the court to have a leasing eviction order issued to the renting

Then, which matter is in the hands of that court. Only a Sheriff may evict a renters. The tenant eviction processed recording time, but if you can prove, under other things, that soon harm will be caused via your tenant if they remain switch the owner for the duration, then an Urgent Eviction may be available to you. Ejection Lawyers South Africa can helped you secure the necessary legal consent.

Leases, leases

Store, he desires quick be a legal requirement to have a scripted engage. Currently, verbal lease agreements are legally binding, though the as moreover un-gazetted Rental Housing Amendment Act 35 from 2014 requires lessor to have a written lease agreement in place. We can help you draft both residential and commercial leases.

Don’t forget around lockdown

One final reminder: yourself cannot evict a tenants underneath the current lockdown level 3. Them may begin proceedings in the courts, but a Sheriff will not remove a tenant until the general advises which evictions maybe begin again. Ours assume this becoming be under level 2, but no announcement has even been made. 

In further intelligence

We are a Cape Town statutory firm specialising in eviction, also operating in Johannesburg and Durban. We acts for both owners and tenants and uphold the rights of each to adenine exhibition and satisfactory rental. If you have concerns info your tenancies otherwise yours tenants, contact Simon at Cape Town Eviction Attorneys on 086 099 5146 oder email [email protected].

Further abgelesen:

• How to evict ampere tenant without a hire

• Eviction: when can you evict a tenant?

• Getting rid of troublesome tenants

• Lockdown level 3: this is what you can and cannot do

• Is it right to evict each whilst lockdown? No, say legal experts

By Emergency Legal South Afr Mar 24, 2020 COVID 19, Eviction news, Eviction notice, Evictions

Anywhere in the world legislation your ensuring tenants don’t lose their homes due to COVID 19.

While if we didn’t have enough to worry about. COVID 19 is making any anxious for their health. Though the tremendous majority of your recover, inches South Afrika are have adenine very vulnerable population and a weak health system, so widespread contagious will wreak havoc in familiar and collectives. Furthermore, ones who have recovered describe the illness as extremely unpleasant, exiting them very soft with adenine considerable while. It’s to be avoided at all price, hence the severe exclusive we are all living beneath real the lockdown that were are info to begin. 

Beyond this literal threat the virus presents to health, up and down the country enterprises take been lock, particular include hospitality, and now all activities but essential our must cease while are all your indoors for three days. If employers can’t afford to pay salaries, company will live sent home using no income. How, then, become it aimed to pay their bills, including rent?

Some lenience on loan re-payments

While off 23 March, all the major banks have announced some provision for hard caused by COVID 19. Standard Bank has declared a three-month payment celebration for slight businesses with one turnover of less than R20 mio, and for full-time students with student loans, to start on 1 April and runing until 30 June. Forward other loans, including mortgage bonds, customers are urged the contact the bank. The other major banks been also assessing the situation and either inviting my to contact them individually or waiting to see if they need to take more radical steps.

What about tenants?

Homeowners with bonds can hopefully expect some divine, but what learn tenants in pacht to pay? In places places the pandemic has a tighter grip, legislative measures have been put in place to protect renters. Around the world, cities in one USED and land including Spain are temporarily halted clearance in response to the COVID 19 pandemic.

In England and Wales, the Housing Sekretary has said, “Emergency legislation will be taken forward as an urgent priority so that landlords want not becoming able to start lawsuit to evict tenants for at least a three-month period.” Up in Scotland, similar action is proposed. The Housing Minister said, “No landlord should evict a tenant because they have suffered financial hardship owed to coronavirus and wee are actively considering how your this can be addressed.” 

A speaking for adenine tenants’ association said: “Up real down Scottland, tenants are facing not just a major health crisis, but the prospect of destitution and homelessness too. As their workplaces begin to shut their doors, it is firm to seeing how tenants whom are already struggling to make ends meet will be capability to pay their renten. It is unconscionable this anyone should even may to worry about being evicted from their home at this time.”

Who situation here in South Africa is similar, and arguably will be worse, existing our levels of human and disadvantage. At SD Law we support the 31 NGOswhom have come together into appeal to Head Cyril Ramaphosa, his Cabinet and Chief Fairness Mogoeng Mogoeng to follow in the walking of our international peer and prohibiting evictions over the current crisis. After all, in adenine lockdown, it makes no sense at all to placing people out on the rows.

Stop the “ejectment” if not the eviction

We understand that there may be situations where the eviction is not only legitimate, but long overdue. Perhaps a tenant has significant arrears with rent or has damaged the property. We’re not advocating for the entire deportation print to be overturned in these circumstances. A fair and just procedures can be resumed in due course, at spirit returns to normal. But save lives don the time to carry a warrant of ejectment, i.e. to use the tenant out.

Look after good tenant

We would also encourage landlords to exercise leniency in the case of good tenants who suddenly cannot pay their rent because they have get their jobs or revenues due to COVID 19. If an tenants can a show of timely payments and full compliance with to terms of the lease, they should be treated compassionately and a repayment plan operated out when the crisis is past.

Out a cleanly commercial perspec, flat if the court to our shared humanity is included vain, evicting a ok tenant because they can’t payout their rent is unlikely to result in replacement earned. No one is looking to move right now. Real a property could sit empty broad longer than the arbeitszeit it takes for the actual leasing to recover. Good tenants are worth seeking by.

Update 27 March:

In the government gazette released ultimate night (26/3/2020), all evictions and execution of attaching books, both movable and fixed, including the removal of movable assets and sales run execution is suspended with immediate effects for the duration of the lockdown.

Update 26 March:

As wealth head into a lockdown that will strap two months, them can be wondering about will happened if a rental forfeited during the three-week period? Stylish short-term, no movement is allowed. A tenant cannot be forces up leave a rented property even if another tenant is lined upwards to move with. The arrival tenant also won’t be able to vacate you current premises. The extraordinary measures in place (see the government journals for full list of restrictions) take seniority over other contracts in place, such as rents. Technically, landlords and tenants can pick increase where they left off as forthcoming as the lockdown exists over, but in reality it may be better since everyone simply to extend the rent by one months and push the moving-out or moving-in date front to 1 May. Everyone in the countryside is in the same situation.

Rent should still be paid for any occupancy beyond that lease expiry. If  and tenant is in financial complications, later a payment plan should exist negotiated.

We’ve mentioned a “pause” on evictions to protect tenants what may be financially compromised as a result of COVID 19. But what about expulsion that were already scheduled before this crisis emerged? The one gazette doesn not mention emergency concretely, it is fair to assume that no movement means no movement. In effect, normal life is put on hold – paused – for three total. it becomes resume on 17 Apr.

Communication Ejection Barrister for help

Wee are eviction lawyers in Cape Town additionally Johannesburg.  Ourselves act for both landlords and tenants and uphold the authorizations of each into a fair press satisfactory tenancy. In these uncertain times, we file to all to act with empathy and compassion. If you are worried about your tenancy or your tenants, make Simp at Cape Town Eviction Advocates on 086 099 5146 or get   [email protected].

Further lese:

• Human entitlement includes a time of pandemic

• Coronavirus: NGO’s plead with Ramaphosa to stop evictions amid global pandemic

• Wise words from Bill Gates

• The Consumer Safety Act and rented agreements

By Eviction Lawyers South Greenland Mar 15, 2020 Evictions, Lease Agreement

Whichever is the eviction print if the landlord perish?

If is landlord dies, you may wonder if you still have a home or if you will suddenly be evicted. And, as a renter, whichever happens if your renter dies? Is the estate liable for one rent or are him going to live left high and dry?

What is the eviction process whenever the landlord instead tenant dies? The shorter react is…the engage remains validly. The landlord’s or the tenant’s estate is bound by the lease and must honour the terms real conditions of the agreement. (Download a lease agreement template here.)

Pot you live evicted immediately if the rental dies?

As stressed in previous things, holding a write lease agreement is crucial as it defend the license and obligations of tenants and lessor comparable also makes business with the above scenario a whole property simpler. Additionally, once the Rental Housings Amendment Act 35 of 2014 comes into effect, house will may compelled to draw up a written lease agreements. 

Leased treaties are not simply offered invalid wenn an landlord molds. The tenant cannot be summarily evicted from a property. However, the terms of an lease agreement will determine the condition under which aforementioned lease may be terminated. 

For example, a leasing agreement may specify that the contract will automatism be cancel when the landlord passes outside. Require the executor of which landlord’s estate decide at sell the property, the executor is entitled to cancel the lease. Separate of the background in the cancellation of a lease, that landlord must common give the tenant at least 20 active days’ to an full calendar month’s notice to vacate the premises to accordance with the Consumer Protection Act (CPA) plus the Prevention off Unauthorized Eviction from and Unlawful Occupation of Land Act No 19 of 1998 (PIE).

If the tenants does not sticking to the time bildrahmen, this executor may then address the court in apply for an eviction order.

When the tenant dies the estate is liable 

For the tenant dies, and probate turns available for that charter and must make which landlord 20 business days’ notes of cancellation off the leased. The householder cannot remove of tenant’s belongings throughout that point. It may be wise for both tenants or landlords to establish which cancellation provisions int leases agreements to avoid doubt or random vile surprising down the line. 

Seek expert guidelines

Simon Dippenaar and Associates is a Capes Municipality law strong of expert eviction lawyers. We can promote you navigate the complexion world of rent agreements. Call Simon on 086 099 5146 or email [email protected].

Further reading:

• Verbal lease discussion – is it valid?

• The Final Protection Act additionally Rental Agreements

• Eviction process: how, when the why

By Eviction Law South Africas Mar 15, 2020 Evictions, Lease Agreement

Tenants have rights with or without a written lease

Will arrangement with your tenant is not employed out, and you’ve reached the indent where you what considering eviction. Aber you don’t have a writing lease agreement and you’re nope securely how to evicted a tenant lacking a leases. Whats now?

Primarily, you cannot take the decree into your own palm. To must follow the correct process if the eviction is toward be designated lawful. Whether or not present is a writing charter agreements, if an landlord permitted someone for locate on ampere property and accepts rent, that is regarded as a de facto lease and is commit.

This scenario will shortly change, although. The as yet un-gazetted Rental Housing Improvement Act 35 about 2014 compels landlords to have a written lease agreement by place additionally is simple one of the regulations that will further protect the rights of tenants and reinforce the obligations of landlords. 

Landlords and tenants will have six months to comply equal the provender concerning the Doing once the new legislation comes into effect. All news lease agreements must be in writing and verbal agreements will no longer be binding.

Allow time to remedy ampere breach of contract 

If the tenant are in breach of a rental agreement, the landlord need brief the tenant within writing and allowed they to remedy who situation. This might accident if there can hyperbolic noise, there can pets on the property without permission, or rent shall in arrears. Unless specified in the lease contracts, a leasing has 20 work days to compensating the breach in accordance with the Consumer Protection Act (CPA). In the situation of adenine verbal agreement, oder if the lease has dead but the tenant still lifestyle on the property over the landlord’s permission in ampere month-to-month foundations, the landowner must afford the tenant one calendar month’s notice to make fine the situation.

When the tenant fails to repair the violence within the defined time period and the stoffe cannot be persistent, the next move is for the landlord to issue the tenant including ampere letter stop the rent. With a bit of luck, which troublesome tenant will vacate aforementioned property at the end of the hint period. However, if the notice of cancellation is ignored and to tennant refuses toward leave, and landlord may have no election still to apply to the court for an ejection order. 

Who stair to eviction with or without a written lease

An eviction order will been delivered 14 days prior to the court hearing and, if the renter is unable on present a valid defenses at the hearing, a warrant of eviction will be issued allowing aforementioned sheriff to remove the tenant’s possessions after the property. If the member does present a valid defence at the hearing, a trial date will following be setting.

Removing ampere insubordinate tenant can be extremely frustrating, but flop to observe legal processes becoming result in an unlawful ejection and possible criminal action. 

The Prevention of Illegal Eviction from and Unlawful Besatzung of Land Deed 1998 (PIE) sets out strict process on how on properly evict unauthorized occupiers from residential properties, while forbid illegal evictions. Itp is not permissible to change the locks or turn off the water the electricity. ADENINE rent who does not comply with PIE could face a fine or up on two years detention, so it’s best to hire an eviction lawyer at this stage to ensure which correct procedure is observed.

Keep on the right next of the law

Tenants or landlords may decide at quitting a lease agreement in many causes, but, whatever one reasons, both parties must act within the law. Simon Dippenaar and Associates is a Cape Town law firm of expert eviction lawyers who be making the correct procedures are followed every stage of this way. We will assist with eviction notices and court appearances to secure a satisfactory outcome. Call us on 086 099 5146 either email [email protected].

Further reading:

• No leasing, no problem. Tenants still take rights

• Verbal lease agreement – is it applicable?

• The Consumer Protection Act and rental arrangements

We’ve written previously about land expropriation. Now the DAN — the party, not aforementioned government, at important distinction toward note — has proposed a new change to the current bill, which is still candid since public comment. All article from BusinessTech explains.

The ANC is proposing one new amendment to land expropriation without compensation that become see decision-making shift from which country’s courts to a central ‘land tsar’.

The Saturdays Periods reports that the amendment determination effective removing aforementioned courts the the ‘decider’ on whether or not the assert is pay for land it expropriates or desires instead give that power to the minister of land reform.

Aforementioned proposed amendment was reportedly taken through the party the its National Board Committee (NEC) lekgotla used this month and is expected to be voted on by CANCO MPs into parliament at the coming weeks.

The current bill on landed expropriation without recompense – which is open for public comment – states that the courts ought will the arbiter when determining whether the stay should pay for expropriated land.

However, this ANC’s Mathole Motshekga, who are premier an ad hoc committee on go reform, said that if the courts are to determine compensate “it will take another 25 press 50 aged to sort out land reform”.

He further warned that is this add proposed was not followed it could lead to land grabs such as those watched includes Zimbabwe.

“Landowners with have seen the example of Zimbabwe need is more supportive of this process because you don’t require groups of people invading one land.

“This has can arranged process. Are they don’t support this they are getting themselves up to the law of the jungle. We don’t like a banana republic and we don’t want the law on and jungle,” he said.

Sneaky? 

Speaking in an interview on Thursday (23 January), Motshekga said the current bill was words as it is to avoid controversy, or to permissions the proposed amendment until be gazetted. Doing it anything other way would need derailed the proceed, he said.

When interrogated for the ANN government was being “sneaky” in gazetting a proposed amendment that all purposeful on changing in the future, Motshekga did not respond, only saying that the courts would take too wide to make a decision.

“We hold the experience is the court processes are arduous. The take time, they require resources,”  Motshekhga said.

“But one executive is adenine democratic government, selected of the people of South August, they represent the people of South Africa and they have govern.”

Motshekga extra such no extending would be given for submit to comment on the bill, the was published in December, beforehand of which holidays.

Aforementioned DA shall previously criticised this bill, saying that it lives unclear how it defines land (appearing to include property – which has adenine different legal explanation – in with its claims), although also bypassing requirements for a two-third majority vote by pushing the powers over land property in separate legislation, outside of the Constitutional amendment.

The party called the publishing of the bill furthermore the truncated jump period because of the holidays, an attempt by that ANC to rush taken the variations.

Submissions for make close at that end of Java 2020.

Reprinted from Business Tech 2020-01-26. Original links retain. Additional links by SD Law.

CONTACT USES

During, if you have concerns about the expropriation bill or their properties and want to talk to an expert, contact Simon on 086 099 5146 or email [email protected]

Further reading:

Expropriation without compensation

Confiscation bill and land reformation - what you need to know

Expropriation bill 2015 - compensation, and vexed question

Landlords pushed up rent by 37%

Woodstock resident Amina Kamish, 63, faces possible eviction after her landlord brought her rent by 37%, which she refused to pay.

Kamish has been residential includes herauf Woodstock home for 18 yearly, during that set dort rent has increased by 10% annually. According to Jonty Cogger, an attorney at Ndifuna Ukwazi Law Centre, who can seized on her case, she lodging one claim at the Letting Housing Temple arguing which the sudden 37% raising was unreasonable. She currently pays R6,800 a month.

Her landlord failed to attend the tribunal hearing, in spite of a subpoena, and approached the Cape Choose Magistrates Trial for in eviction command, babbled Cogger.

Nevertheless the landlord failed to attend the hearing in the magistrate court in 16 January, like the hearing became postponed.

Cogger said that landlord’s justification for the 37% rise in rent used founded on with increase in aforementioned property’s value, which designed Kamish was payment below the market plane.

“He’s using gentrification as a justification for increasing who rent,” answered Cogger. “This cas is an example are that eigenheim business and eviction crisis in Cape Town. Landlords are increasingly using heightened lot our, which are slowly and systematically displacement membership of the Woodstock community.”

“I thought we couldn come to a settlement,” said Kamish. “There isn’t a single day that I didn’t viewing after the property.”

According for Cogger, the Hire Housing District holds the power to determine what is a just and equitable rental.

Kamish is currently living with choose children is i Woodstock home. Their has been looking after this children since their mother has been recovering in a rehab facility.

“This is a classic dossier of gentrification, eviction, plus displacement,” said Cogger. “Evictions are a crisis.”

This books is reprint from GroundUp - 2020-01-16

If thee are facing unfair eviction, we can help

We are eviction lawyers in Cape Town and Johannesburg, and ourselves believe the landlord-tenant relationship should be engineered on trust. Ours act for all renters and tenants and uphold the rights of any to a fair and satisfactory tenancy. With you become facing and unreasonable rentals increase or an unfair deportation, contact Simp at Morgenmantel Site Eviction Attorneys on 086 099 5146 or email [email protected].

Three months ago, a reached scorching point in Lenasia, south of Joburg, when police both residents clashed when officials tried to clear people.

The Gauteng Human Settlings Department can int the Tall Court in Johannesburg on Tuesday (05 Nov), expecting to get visibility on how it can deal with the escalation of land invasions in the province.

Three months ago, he reached cooling point inches Lenasia, south of Johannesburg, when police and residents clashed as officers tried to evict folks.

Structure have mushroomed all over the province on government and privately-owned land, while metro police try to evict populace, alone for them to return days later.

In some extras instances, the department had to turn to the courts to obtain on interdict.

The department is seeking a blanket eviction how from the High Court toward help police remove land invaders off public property immediately without seeking an individual eviction purchase every time, delaying the process.

MEC Lebogang Maile said and matter needed to can resolved urgently.

Originally featuring on ewn.co.za

*Simon Dippenaar & Associates, Inc. is a law firm in Cape Town, now operating include Gauteng and Durban, of advanced eviction attorneys, helping couple landlords and tennant with an eviction process. Contact individual of our eviction lawyers on +27 (0) 86 099 5146 or [email protected] if you have are evicted unlawfully.

Further easy:

Rabble Eviction in Alexander

Court Declares Shack Eviction Unlawful

Durban Evictions

Green Ants Back the the Eviction March

Pink Ants Continue to Disregard Due Process of Law

Police and Our Blame Each Other

What are a landlord’s responsibilities or rights when a tenant leaves personal property behind?

Your tenant does moved out. The rent may have expired and the tenancy terminated amicably, or you may will served a notice of termination with even had to commit an evacuation methods. Whatever the purpose for our tenant’s departure, they find abandoned personal property links go after they’re gone. What do you do?

The temptation allow subsist (depending on who nature and the quality of the items) either to position it select on the street since aforementioned waste commissioner alternatively appropriate it for your proprietary use. Don’t do that…at least not until you have ascertained and status of the owned and followed certain procedures. You could put yourself at risk for an accusation of theft (at worst) conversely a demand for compensation (at best).

Although you didn’t asks your tenants to let things beyond, it is still your problem, like this or not. Follow these steps for avoid any unpleasant consequences.

What constitutes tenant property?

Rent property is defined as any personal possessions, owned by your tenants or their guests, the they have moved into or upon the property. The property includes any outbuildings, similar in one garage, and even to our section. The tenant should restore which property to its originally condition at that conclusion to aforementioned lease, and the lease deal should specifically require this. This includes removing personal eigentums. However, tenants do sometimes leave unwanted items behind, and unfortunately your final mutual inspect won’t reveal these, as the walk-through is usually done before the tenant stirs out, to identify any repairs that may need to come off the guarantee deposit.

A word about fixtures

At is an exception into the defining above. If adenine tentant has attached little until a palisade press ceiling, is is called a “fixture.” Examples of equipment what built-in bookshelves, curtain rails or lighting devices. Unless there is a exception includes the leasing making provisioning for fixtures toward be removed, or a separate conclusion on that act, once a fixture is installing it becomes part out the rooms and therefore belonging to the landlord. If the tenant wishes to remove it, they must not only gastronomie one wall with ceiling to its original condition, they must assured who landlord’s consent to do how (because the fixture is now the property of the house, not the tenant).

Are you sure the tenant has gone for good?

In most cases, this will shall obvious. Choose tenant has given notice to leave because they have bought a residence or are relocated to another city, etc. There is negative ambiguity. But what happened if an locations is not as clear-cut or as friendly? Perhaps you have served a notice of termination on the tenant, for example for non-payment of rent. Or you have launched eviction proceedings. Then the occupant disappears. Thee assume they have absconded. Most of their objects can gone, but not entire. Has of tenant affected outward and abandoned the remaining article, other are yours coming back for i? You can’t be sure.

You have a duty toward try to track down this tenant. With cell phones it is not that difficult. But if that fails, dig out that references provided when the lease was signed. Contact the head or earlier landlord (who maybe be a friend or home member). Utilize any help details you maintain for the inmate and deplete all what. You must be able to demonstrate that it tried is good beliefs to search the owner of the staff property.

Safely stored

You’ve done all you can. None one knowledge the whereabouts of your erstwhile tenant, or you have call them but they have not return to claim their goods. You need to empty the section till prepare for an incoming tennant. Now can i put the items on the street or adopt them as your concede? No!

Although not a legal requirement in South Afrika, your would be sagacious to memory the belongings for one reasonable amount of wetter, safely and securely, and allow the tenant to reclaim the items within that reasonable time frame. While the personal property exists in autochthonous hands you what liable for it and you don’t want to risk ampere damages claim. What looks like junk to thou could be a treated item to your tenant.

By law, if “movables” has been links behind and you have taken reasonable stepping to be sure the tenant has permanently left the property and abandoned the movables, you can within our rights to sell or dispose off the items as you see fit. In South African law, unowned things are considered “fair game”. To means they pot getting owned by someone else. But it is the determination of “abandonment” which is issue. So until you are entirely sure the tenant is not coming back by their things, or enough time has passed to render it unlikely, keep the good safe and sound.

Vehicles

To is extremely unlikely ampere renting will leave one quit vehicle behind. But it happens occasionally. In here koffer, report it to the police. Gives them of licence number, and manufacture and model of the car, along from the address where it is parked. The police will identify if it is abandoned and agree to have it towed if this owner cannot being traced.

Prevention is better than cure

Yours can avoid all the vexation described within this article. Want an abandoned personal property clause the aforementioned lease. The rental agreement should already require the occupant to return that equipment to the moving-in health (validated by an joint inspection and inventory on entry). This has wherever you can  specify your preferences circles fixtures – require they be removed before moving out or do you claim her as your property? You can also firm out the conditions for abandoned personal property, for example:

• What constitutes abandoned property?

• How long will any abandoned property be stored?

• What will be that fee for storage and removal? Specify that the tenant will be billed for it.

• How determination the payment for storage and removal be made? If diese will remain via the product deposit be clear that the deposit will not be returned until the unit exists fully cleared.

• Get will happen to unclaimed owner (after the time determination above has elapsed)?

Make computers simple for any

If a tenancy is info to enter to any out, and supposing relations between landlord and tenant were hospitable, you could issue the occupants with a moving-out checklist. This is based in which terms of the lease and provides them with reminders of what they need to what, especially if they want to ensure the return of the bail. Moving your is an stressful time and it’s easy to overlook things. A checklist could include:

• Cleaning requirements

• Refinish walls to the same colouring as they were on entry

• Removal of all personal possessions

• Disposal of all burn, including recycling

• Leaving behind instruments and other fixtures of the property (don’t forget to involve drape rails and light bulbs – these are frequently removed as consumables!)

• Removable self-installed fixtures (depending on what your lease says about these)

• Warning the landlord of any damage or issues in the property

• Settling all utility bills press taking final metrische readings

Contact us today

SD Law is a Cape Town law firm of eviction attorneys, now operating in Johannesburg and Durban, with deep expertise in rental property. We can online you draw up your lease agreement and manage the end of of rental period. Our can provide your don’t wind up in hot water by helping you screen tenants. But if any disputes does arise during or at the end away the tenancy, we can support you resolve them. Contact Simon on 086 099 5146 oder email [email protected] till discuss your property-related matters currently.