Back Menu
Onus on landlords in eviction cases

Onus on landlords in eviction cases

Private Property South Africa
Cathy Nolan

Buy-to-rent property, although slow due to the economic downturn, has lost none of its appeal for investors. But those who go this route have to familiarise themselves with a body of legislation that has grown up to protect both tenants and landlords.

Among these laws are the Prevention of Illegal Eviction (PIE) and Unlawful Occupation of Land Acts, and the clause that is causing the most difficulty for landlords says that, although it is acceptable to apply to the courts for the eviction of a tenant who is in arrears on rent payments, the court has to be satisfied that the evicted tenant has been offered an “equable solution” – which usually means that the landlord must be able to show that there is other similarly-priced accommodation available nearby. If this is not the case, the landlord may well be called on to carry the financial loss while the tenant remains in the unit.

Recently, the owner of a small block of apartments in Yeoville decided that the time had come to renovate, upgrade and improve his rentals. He gave the tenants three months’ verbal notice – but neglected to follow this up in writing. However, the tenants refused to leave and took their case to an NGO. The landlord was granted a High Court order but, when the tenants appealed against this in terms of the PIE Act, the judge ruled in their favour basing his decision on the fact that the tenants had nowhere else to go.

This case shows that a) it is essential to have all legal matters relating to property in writing, and (\b) if a lease is to be terminated against a tenant’s wishes, the landlord has to be able to prove that he has presented the tenant with “appropriate” rental alternatives and has assisted the tenant in applying for these.

Compiled in association with Lanice Steward, MD of Anne Porter Knight Frank

Looking for a new tenant?

Advertise your property to rent quickly and easily on our site

Find out more

Found this content useful?

Get the best of Private Property's latest news and advice delivered straight to your inbox each week

Related Articles

Begone, bad tenant
Ask any landlord and he will tell you that the law protects the tenant far more than it does the homeowner. Ask the average tenant the same question and you're likely to hear that landlords abuse ...
Pay up or ship out
The thought of being evicted from your home for not paying rent is extremely terrifying and most tenants will move heaven and Earth to ensure that this is paid on time. However, evictions are on the increase and as we discussed ...
Evictions - acting illegally can backfire
A developer's plans to build up-market houses on a 6000m2 piece of land in Fairlands in Johannesburg has backfired, thanks to a High Court judgement which has found that the elderly couple who have lived in a house on the ...