Extraction from IEA News on illegal Evictions



THOSE of us who are letting agents or property managers are probably still reeling from the Appeal Court's recent surprising ruling that tenants who default on paying the rent are now entitled to the same legal protection as squatters. Evidently, in this respect, there is now no difference between "Cardboard City" and Constantia. It has been the law for several years that a landlord must obtain a court order in order to evict a defaulter. Now, in terms of the Appeal Court ruling (as reported in the press), the application for the court order must comply with the Prevention of Illegal Eviction From and Unlawful Occupation Of Land Act 1998. Here for the benefit of our members and their landlord clients, are the salient points of that Act: • 14 days before the date set down for the hearing, the court must notify both the defaulter and the local municipality of the application, and advise the defaulter that he's entitled to defend himself and can obtain legal aid if necessary • the court must decide if eviction would be "just and equitable" and must consider how it would affect any elderly or disabled people, any children, and any households headed by women that may be concerned • if the defaulter has occupied the premises for longer than six months, the court must also consider whether the municipality or someone else can provide alternative accommodation • if the defaulter fails to put up an adequate defence, and the landlord's application is "just and equitable", then the court must grant the order. How long will this take? That seems to depend on how busy the court is, and how strongly the tenant defends the application. If the landlord wants an urgent hearing, he will have to satisfy the court that (a) "substantial" injury or damage to property might otherwise result, (b) that the hardship he (the landlord) is suffering is greater than the defaulter's, and (c) that there is no other remedy. Clearly this is something that is going to develop in the weeks and months to come, and we're encouraged by the news that the Ministry of Housing may challenge the judgment in the interests of the housing market. We'll keep our members and readers posted.