Author: Justin Hamers – STBB
19 September 2017
EASY WAY TO EVICT A TENANT?
Many landlords and tenants make use of the Rental Housing Tribunal to resolve disputes that arise during the course of a lease. In the Tribunal, parties represent themselves and if legal guidance is needed, a party will consult with his attorney beforehand for advice as to his rights in the matter and the Tribunal’s procedure.
However, the Tribunal may not give an order evicting a tenant. A landlord seeking eviction must therefore approach a Magistrate or High Court and would need the services of an attorney.
The attorney and landlord will follow the procedures of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act (PIE), these being designed to provide procedural protection to a tenant before eviction.
Speak to STBB for assistance in any issue relating to your lease agreement.
Justin graduated from Stellenbosch University with a BCom Law in 2009 and an LLB in 2011.
His specialisations include Commercial Litigation; Alternate Dispute Resolution; Construction Disputes; Property Related Litigation; Collections. Magistrates’ Court, High Court and Appeal Court Litigation. Property related litigation, including title deed restriction disputes, sale and lease related disputes, alternate dispute resolution (Consumer Protection Act and Rental Housing Act), evictions. Collections, including banking law and bridging finance. Commercial litigation, including National Credit Act, Housing Consumers Protection Measures Act, Customs and Excise Act, insolvency and contractual disputes. Construction disputes, including litigating on behalf of contractors and employers arising out of the JBCC Building Agreements and bespoke construction law agreements.
Justin has published various articles and both published on LexisNexis Property Law Digest: Rouwkoop – a common misconception, LexisNexis Property Law Digest Vol 22 Part 1 March 2018 and The effect on the CPA on cancelling a residential lease, LexisNexis Property Law Digest Vol 22 Part 2 June 2018.