What effect has the Consumer Protection Act 68 of 2008 had on the cancellation of a lease agreement? Although not specifically defined in the Consumer Protection Act, the landlord and tenant relationship in respect of residential leases falls within the definition of supplier and consumer. Section 14 of the Act deals with the expiry and […]

What are your rights as a landlord in terms of the Rental Housing Act 50 of 1999? In terms of Section 4(5) the Rental Housing Act, the landlord’s rights against the tenant include his or her right to: a. prompt and regular payment of a rental or any charges that may be payable in terms […]

Will a Court ever refuse to grant an eviction order? Yes, the court will apply Sections 4(6) and 4(7) of PIE and will decide whether, on the facts before it, an eviction order would be just and equitable. Section 4 (6) of PIE states that if an unlawful occupier has occupied the land in question […]

Can a Landlord turn off your electricity or change the locks if you default on your rental payment? No, the provisions of PIE are available to a landlord in order to deal with any landlord/tenant rental disputes. If a landlord does turn your electricity off or change the locks, you are entitled to launch a […]

An Outline of the South African Eviction Process Section 4(7) of the Prevention of Illegal Eviction Act (PIE) states that if an unlawful occupier has occupied land for more than six months at the time when eviction proceedings are initiated, a court may grant an order for eviction if it is of the opinion that […]