Choosing the Legal Route?? We are confronted, on a daily basis, with property owners who urgently require legal assistance, with regards to non-paying tenants. It is then to our surprise that legal assistance was the owner’s last option to resolve the problem. Many firstly attempt to resolve the matter themselves or utilize illegal institutes who promise quick evictions without approaching the courts. The results in many, if not most cases are much money spend, with no results. The most common reason for not seeking legal advice when the problem arises is that “the PIE Act is not in favour of the property owner and it is almost impossible to evict someone”. The purpose of the PIE Act is to provide for the prohibition of unlawful evictions and to set out the procedure of a legal eviction. Our Courts take various factors into account before granting an eviction order. It is therefore required that when one apply to court for an eviction order all relevant factors are revealed to court and the correct procedure was followed. The Court will then be able to grant an order, which balances the rights of the owner and that of the unlawful occupant by making an order which is just and equitable in the circumstances. Just and equitable in some instances mean that the occupier is granted more time to vacate. . A private land owner can never be burdened with the duty to provide another person with free accommodation; this has been confirmed by the Constitutional Court on many occasions. Cost should at no stage be a reason for not starting eviction proceedings. One has to consider the loss of income, the potential damage suffered whilst having an unlawful occupant in the property; this already outweighs the legal cost incurred. It should be kept in mind that the legal costs are not spend to secure rental income, but to regain possession of an asset worth, hundreds maybe even millions of Rands. As part of the eviction order a costs order is also granted against the illegal occupant. Owners should realise that with any asset or investment there are risks involved, in the rental industry it is illegal occupation. The rental industry poses fantastic investment opportunities, but it is crucial to have the correct safety nets in place, for instance proper vetting through bureaus like TPN, current lease agreements and the right attorneys. It will be advisable to have reserves available to initiate legal eviction proceedings as soon as possible. The legal route is the only effective way to protect your investment.
Posted on: Tue, 04 Mar 2014 06:31:50 +0000
Trending Topics
Recently Viewed Topics
© 2015