The execution of eviction orders have been prohibited during the national state of disaster (“NSOD“), declared under the Disaster Management Act No. 57 of 2002 and in place since 23 March 2020. For the duration of the NSOD, at all the alert levels declared from time to time, the Regulations have prohibited the execution of …
The Rental Housing Act 50 of 1999 (“the Act”) governs all residential lease agreements in South Africa. Section 5(5) of the Act states that should a tenant remain in the leased property subsequent to the date of expiry of the lease agreement, the parties are deemed to have entered into a periodic lease on the …
Evicting squatters and unlawful occupiers from property can be a difficult, costly and time-consuming process. If you want to sell a property with unlawful occupiers on it, the purchaser will require that the illegal occupiers first be evicted (the purchaser will insist on obtaining “vacant occupation”). The Supreme Court of Appeal dealt with this problem …
Duty of Sellers to Evict Squatters from Property Read More »
The Prevention of Illegal Eviction and Occupation of Land Act 19 of 1998 (“PIE Act”) provides, inter alia, the procedures for the eviction of unlawful occupiers. Section 1 of the PIE Act defines an “unlawful occupier” as someone who occupies land without the express or tacit consent of the owner or person in charge or …