EVICTION OF UNLAWFUL OCCUPIERS

TO ALL EXTENDED BUSINESS PARTNERS

Number

20/2016
In the case of Coetzee v Pipet Place Eiendomme CC (AR 509/2015) 2016 ZAKZPH 60 (28 June 2016) (case attached for ease of reference) the eviction of unlawful occupiers of premises was once again placed under the spot light.
 
When considering an application for the eviction of unlawful occupiers, in terms of the Provision of Illegal Eviction and Unlawful Occupation of Land Act 19 of 1998 (PIE), a court is required to have regard to all the relevant circumstances placed before it.  In terms of section 4(7) of PIE an eviction order may only be granted if it is just and equitable to do so and after the court had regard to all the relevant circumstances.  These circumstances include the availability of land for the relocation of the occupiers and the rights and needs of the elderly, children, disabled persons and households headed by women.  If the requirements of section 4 are satisfied and no valid defence to an eviction order has been raised the court must in terms of section 4(8) grant an eviction order.  However, when granting such an order the court must, in terms of section 4(8)(a), of PIE,  determine a just and equitable date on which the unlawful occupier or occupiers must vacate the premises.  The court is empowered in terms of section 4(12) to attach reasonable conditions to an eviction order.
 
In the case in question the appellant did not succeed in the defence to be provided with alternative accommodation and the judge held in this regard as follows:
 
"I am not persuaded that there is any merit in the complaints raised by the appellant.  If anything, the appellant can consider himself very fortunate to have been able to remain in occupation of the respondent's premises, albeit unlawfully, for such a long time.  The evidence established that after the monthly tenancy was validly cancelled, the appellant managed to remain in unlawful occupation and rent-free for a period of about nine months.  I further consider that the appellant cannot be said to be disadvantaged in any way, nor is he poverty-stricken.  Far from it.  He is self-employed and capable of generating an income for himself.  I see no reason why he cannot find suitable alternative accommodation."  
 
Conclusion
To evict occupiers from a premise is more often than not a costly and an unpleasant task. Remember one cannot take the law into your own hands.
Where a tenant seriously breaches a lease agreement, the following is the process that must be followed:
  • Tenant must be notified in writing to rectify the breach
  • Should the breach not be rectified within the stipulated time period, the lease agreement can be terminated.
  • The termination of the lease agreement must be followed by notice to the tenant that eviction of the premises will be sought through a court of law.
  • The court will issue a “tenant eviction order” 14 days prior to the court hearing.
  • At the court hearing, the tenant merely has to prove a valid defence.
  • Where there is a valid defence, a trial date is set, however, where no valid defence is provided, a “warrant of eviction” is issued to the sheriff. 
For any queries please contact our property law division at the details below:

Allen West
Tel: 012 425 3549
awest@macrobert.co.za

Daleen Loubser
Tel: 012 425 3489
dloubser@macrobert.co.za

Disclaimer: This newsflash is for general information only and should not be used as legal or professional advice. No liability can be accepted for any errors or omissions, nor for any loss or damage arising from reliance and any information therein