South African Commercial evictions are regulated by the common law. Therefore, tenants of commercial property do not enjoy the protection of PIE or ESTA. The actual use of the property is the determining factor in establishing whether a commercial … Read More
Residential Evictions
South African Residential Evictions are governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998. PIE was enacted to regulate both the lawful eviction of unlawful occupiers and to recognise land owners’ … Read More
Farm Evictions
South African Farm evictions are governed by the Extension of Security of Tenure Act 62 of 1997. ESTA was enacted to prevent both unfair and arbitrary evictions and to safeguard the rights of people who live on land in rural and peri-urban … Read More
5 Things Successful Commercial Landlords Have In Common
Going through a list of our files the other day, I realised that our firm dealt with 99 eviction matters in the last year. Some instructions related to residential evictions, some related to farms. The majority of our instructions relate … [Read More...]
The right of family members to occupy farmworker accommodation
ESTA grants a right to family life, but who qualifies?Section 6(2)(d) of the Extension of Security of Tenure Act (ESTA) grants occupiers the right to “family life in accordance with the culture of that family.” In practice, this means that a … [Read More...]
Lease Agreements and Landlord Responsibilities
Does the landlord need to advise the tenant that the lease agreement is coming to an end?Landlords are obliged to notify their tenant of the upcoming expiration of the lease agreement. This obligation will arise not more than 80 but not less than 40 … Read More