Evicting a troublesome tenant can be a very difficult task

Anyone familiar with the South African property scene will from time-to-time have come across those heart-wrenching situations where whole families are forced by the sheriff of the court to move out of a home with all of their belonging, which in some cases are literally dumped on a nearby street pavement.

While such evicted tenants have to be pitied, they have in most cases ended up in this predicament after ignoring repeated requests for rent payments, first from the landlord and later from the court. They have also probably in many cases failed to respond to a court summons. They may have had six months or longer free occupation of the home during which time the landlord might have had to pay the monthly bond repayments on the property without any help from the rental income on which he had relied. 

Pointing this out recently, Bill Rawson, Chairman of the Rawson Property Group, said that the Prevention of Illegal Occupation Act (also called the Pie Act) “leans over backwards” to alleviate suffering for the tenant. The landlord himself in some cases actually has to identify alternative similarly prices premises to which the tenant could apply.

With commercial property, however, the situation is very different. Here, as was shown in a recent Gauteng High Court case, Denneboom Service Station CC and ANOTHER versus Phanyame, the tenant, Chiloane was renting a commercial service station, which was then bought by Phanyame, but he refused to leave the premises — and on losing his case at the Gauteng High Court appealed to the Constitutional Court.

This court confirmed the eviction of the business premises but ruled that Chiloane’s occupation of a home nearby, also bought by the complainant, could not be upheld until the provisions of the Pie Act had been fully complied with.

“However you assess this case,” said Rawson, “it would appear that the tenant by an illegal game was able to obtain occupancy of both premises long after the landlord wanted to take them back. The fact that this is possible confirms the need for exceptionally careful tenant selection on all occasions and, in our experience this calls for the input for an experienced estate agent or voter.”

  Comment on this Article

  Please login to post comments

Post to my facebook wall
Characters remaining

    Latest Property News
    • 23 Feb 2018
      RE/MAX Property Associates’ Table View Office, which services property buyers and sellers along the Table Bay coastline and surrounds, has recently sold a home in Woodbridge Island for R11 million – the highest price paid for any home in the sought-after security complex.
    • 23 Feb 2018
      Choosing to invest in an overseas property can be daunting. But as more and more investors recognise the value of a diversified portfolio that includes property outside of their own country of residence, international property investment is growing in popularity.
    • 23 Feb 2018
      The positive change in South Africa’s political landscape is paving the way for an upswing in the local property market.
    • 22 Feb 2018
      An excellent credit score is one of the most priceless assets a potential home buyer can have. This tool has the power to secure favorable mortgage and refinancing rate, influencing everything from the size of the loan repayment to the interest rate on the home loan.
    • 22 Feb 2018
      What do you do if you love your home’s location and the area, but the home no longer fits your growing family’s needs? Do you stay and renovate your existing home or find a home that meets your developing criteria?
    • 22 Feb 2018
      While every owner wants to sell their property at the best possible price, overpricing a home can be the kiss of death for a sale.
    • 21 Feb 2018
      Given the hand they were dealt, government has performed a delicate balancing act which it is hoped will serve to reignite confidence in investment in South Africa, regain our global credibility and satisfy the credit ratings agencies, says Dr Andrew Golding, chief executive of the Pam Golding Property group.
    • 21 Feb 2018
      The real estate mantra, ‘location, location, location’ remains a strong market influence regardless of the prevailing economy, with suburbs like Rondebosch enjoying the buffering benefit of being ideally situated.
    Subscribe to the MyProperty Newsletter

    Last Name  
    Email Address  
    Email Frequency
    Share this Page

    For Sale Property
    Rental Property
    More Options
    Connect with us