What to do if you’ve been led up the garden path Before any contract is signed, there are usually discussions about the arrangement or agreement being made between two parties. The purpose of the contract is to capture the details and formalise them, so everyone understands their responsibilities and expectations. Signing the contract is often seen as a formality, especially if the negotiations have been amicable and the two parties seem to have a good rapport. For that reason, it may not be scrutinised as carefully as it should be. What happens if you have an understanding about the condition ..read more

Reprinted from GroundUp, by Masego Mafata – 2024-02-28 Judges question City of Cape Town about eviction of Bromwell Street tenants The City of Cape Town appeared before the Constitutional Court on Tuesday in a case concerning the eviction of tenants from Bromwell Street, Woodstock. Justice Mbuyiseli Madlanga asked the City whether the planned eviction resembled the forced removals from District Six during apartheid. Ndifuna Ukwazi, on behalf of the Bromwell Street tenants, has argued that the City’s exclusion of emergency accommodation in its housing plans for the inner-city is unconstitution ..read more

Reprinted from News24, by Marvin Charles – 2024-02-15 The Western Cape High Court has granted a final eviction order in the City of Cape Town’s application to remove homeless people living around Culemborg in the Cape Town CBD. These areas are in the vicinity of the Nelson Mandela Boulevard intersection with Hertzog Boulevard, Old Marine Drive, and Christiaan Barnard Bridge. The order includes a standing interdict against any further unlawful occupation of these areas and other City-owned public spaces identified in the order. In February last year, the court granted the City an interim order ..read more

Reprinted from CapeTownetc.com, by Qaqamba Falithenjwa of GroundUp – 2024-01-28 Piles of suitcases, mattresses and items of furniture were strewn across the narrow Commercial Street in Cape Town on Wednesday and Thursday. Hundreds of people, most of whom are foreign nationals, were evicted from three buildings in the city centre. The area outside 42 and 44 Commercial Street was in chaos on Wednesday as dozens of South African Police Service (SAPS) officers and immigration officials cordoned off the street where the occupiers remained with their belongings. The occupied buildings are in close p ..read more

Evicting a non-paying tenant is a legal matter that should be handled to avoid incurring losses. This is how an eviction can be done. Reprinted from citizen.co.za, by Kayla Ferguson – 2024-01-23 While it can be a lengthy process to evict tenants who fail to pay their rent, there are procedures in place to make sure that both the tenants’ and the landlords’ rights are protected. Following the necessary steps is key to a hassle-free eviction process. Legal provisions Adrian Goslett, Regional Director and CEO of RE/MAX of Southern Africa explains that both the tenant and the landlord mu ..read more

“We are not here because we want to be here. We are here because we need homes.” Reprinted from GroundUp, by Mary-Anne Gontsana – 2023-10-16 People living in about 110 informal structures and Wendy houses at Cathkin Village informal settlement in Heideveld are facing eviction. They first moved onto the land earmarked for the Western Cape Education Department (WCED) in May 2018 due to the lack of affordable housing options in the community. Their fate will be determined on 24 October when their eviction case is heard in court. Hundreds of people living on land earmarked for the Western Cape E ..read more

Reprinted from capetownetc.com, by Liezl Human of GroundUp – 2023-10-03 Two families on a farm in Vredendal on the West Coast are being evicted from the homes they have occupied for several generations. Several other tenants also living on Welverdiend Farm have been told to relocate to RDP houses in Vredendal North. The residents, most of whom have lived on the farm all their life, do not want to move to a township which they say is dangerous and has frequent incidents of crime. They also don’t want to leave the farm because the graves of their parents, siblings, children and other relatives a ..read more

Know your rights as a tenant Feeling at the mercy of commercial landlords while searching for rental properties? You’re not alone. Especially in the fiercely competitive rental markets like the Western Cape, landlords may take undue advantage. However, as a tenant, you must remember that the law offers considerable protection. Knowing your rights and the responsibilities of the landlords can safeguard you from illegal eviction practices. Tenants have rights, and landlords have responsibilities (though they also have rights, and tenants also have responsibilities). Of course, ultimately the par ..read more

What South African law says about eviction The relationship between property owner and occupier should be a happy one. After all, it offers a reciprocal and mutual benefit. One earns a passive income from an owned asset, and the other enjoys a home to live in, without the weight of responsibility that come with property ownership. Unfortunately, the relationship is not always friendly. Friction can emerge as a result of unpleasant behaviour by either party. Landlords can be unresponsive or unreasonable. Tenants can be disrespectful or negligent. South African law contains multiple pieces of le ..read more

Reprinted from News24, by Jenni Evans – 2023-07-05 The SCA handed down an important ruling relating to whether students can be evicted from university-supplied accommodation.  The judges found that this type of accommodation is finite and students are expected to leave when they have finished studying.  They found that the students came from a home and would have a home to go to, students should yield their rooms to the next intake. The Supreme Court of Appeal (SCA) ruled on Monday that students can be evicted from university-provided accommodation if they refuse to leave, bec ..read more