Category

Evictions

Oct 07
0

Single mother faces eviction threat after 30 years in family home

By | Eviction news, Evictions, Tenants

Shanaaz Dyason, 40, claims that the City of Cape Town is attempting to remove her from the house she has lived in for the past 30 years.

Reprinted from iol.co.za, by Marsha Dean – 2024-10-05

The property, located on Fir Tree Road, originally belonged to her parents, who were forcefully removed by the Apartheid government and relocated to flats in Lavender Hill.

In 1994, the family was permitted to return to their home, and since then, Dyason has resided there with her three children and grandchild.

Dyason has faced ongoing issues regarding the transfer of the house into her name for the past 14 years.

“When my parents got divorced, they both moved out of the house and went their separate ways. My mother and I then went to the rent office, and we explained that I still live in the house. They said the tenancy would be transferred over to me as I was of age,” she explained.

However, in 2010, Dyason received an eviction order, which threatened to send her back to Lavender Hill. The City offered her a one-bedroom flat in Plumstead, but she refused.

Later, she was taken to court, where the judge ruled that she was not illegal and was indeed eligible for the house, instructing the City to sign a lease with her.

“I signed a lease, but a couple of years later, the house is still not in my name. It’s been 14 years, and until today, nothing has been resolved,” Dyason lamented.

“My water keeps getting cut off, and I have to pay over R3000 just to have it reconnected, which consumes all the SASSA money meant for my children. I am paying R2300 a month for electricity to cover housing debt. Since the lease is not in my name, I cannot sort anything out. Every month, I go to the municipality, and they say the hold-up is with the rent office.”

Desperately, she stated, “I am at my wits’ end and don’t know what to do anymore. I have already lost my job because every month I need to stay out to go to the rent office and submit new papers.”

In response, Councillor Carl Pophaim, the Mayco Member for Human Settlements, stated, “The City can confirm that no eviction application is underway as alleged.

“The tenancy was allocated to Shanaaz Dyason, and she signed a lease agreement with the City on 21 September 2023. We encourage Mrs Dyason to visit her nearest City housing office to complete all the documentation needed to take ownership of the property.”

However, the City claims that the property address matter has been resolved and that the resident should visit her housing office as soon as possible.

For further information

Simon Dippenaar & Associates, Inc. is a law firm of specialist eviction lawyers in Cape Town, Johannesburg and Durban. We help landlords and tenants maintain healthy working relationships. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you need help with tenants’ rights or landlords’ responsibilities.

Further reading:

Aug 14
0

Pitfalls of eviction

By | Evictions, PIE, Tenants

How to avoid the traps that will scupper an eviction

Have you reached the end of the line with problem tenants? You’ve tried negotiating, pleading, and maybe even formal mediation, but you can’t resolve your differences and your tenants are in breach of their lease. Eviction is a last resort. It’s not a pleasant process and you may even like your recalcitrant tenants and want to avoid conflict. Eviction is time-consuming and costly, both in the short and long term. Eviction itself carries costs but, worse, your property might remain unoccupied for a while before you find suitable new tenants, depriving you of income. Unfortunately, sometimes eviction is necessary. If you do have to evict your tenants, how can you avoid the pitfalls and make sure you meet the correct conditions for eviction?

Legislation

Evictions in South Africa are governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE). The Rental Housing Act and the Consumer Protection Act (CPA) set out further conditions that must be met before an eviction can proceed. Property owners often make mistakes that prolong the eviction process. Avoid them for a hassle-free eviction. We go through the most common blunders below.

Failure to provide proper notice 

The conditions required for a lawful eviction to proceed are set out in the legislation cited above. Importantly, you must give your tenant sufficient notice in the correct manner. To evict a tenant you must give them notice of the breach and time to rectify the breach. If the breach is not rectified within the specified time frame, you can then terminate the lease. If the tenant does not agree to vacate the premises, you may apply to the court for an eviction order. Failure to follow the correct procedures can result in the eviction being declared unlawful and dismissed. 

Inadequate documentation 

A well-drafted lease agreement is essential and records should be kept of all communications with the tenant, especially regarding rental arrears and notices. The legal burden is on you to prove in court that the eviction is both just and right. Therefore, make sure you have sufficient evidence to back up the claim.

No valid reason for eviction 

You must have a valid and legal reason for evicting someone. Common reasons include non-payment of rent, breach of the lease agreement or the need to use the property for personal use. The eviction must be based on legitimate grounds. 

DIY evictions 

Landlords sometimes attempt to evict a tenant alone, without going through the courts. It is illegal to take the law into your own hands and forcibly evict tenants or cut off essential services such as water and electricity without a court order. Removing a tenant using threats, intimidation, harassment, or physical altercation opens the door for tenants to pursue criminal action against you. 

Incomplete maintenance and repairs 

Failure to address maintenance issues promptly can be used by tenants as a defence during eviction proceedings. You have a responsibility to maintain a safe and habitable property and you cannot purposefully make the property uninhabitable in any way. You should complete essential repairs or maintenance promptly. 

Failure to take legal advice 

One of the most common eviction mistakes is failing to take professional advice. Consulting a legal professional experienced in evictions and property law is crucial to making sure you follow the correct eviction process. Evictions are stressful and complicated; an understanding of the applicable laws is vital. The process can drag on and you may be tempted to take shortcuts, usually out of frustration. However, the consequences of not following the proper steps can be significant and result in further delays, costs, and possible legal action. 

Consult an eviction specialist

Simon Dippenaar & Associates, Inc. is a law firm of specialist eviction lawyers in Cape Town, Johannesburg and Durban. We help landlords and tenants maintain healthy working relationships but, when necessary, we assist with eviction, ensuring it is carried out legally and ethically. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you need help with an eviction.

Further reading:

May 13
0

City pushes on with plans for eviction of Salt River Market traders

By | Eviction news, Evictions

Reprinted from iol.co.za, by Zolani Sinxo – 2024-05-12

Cape Town – The City of Cape Town is continuing with its plans to evict historic Salt River Market traders who, for decades, have used the venue to not only sell their goods but also to share cultural experiences with customers and residents.

The City recently filed an urgent court application to evict the last remaining tenants who refuse to leave the market.

The once popular market, which was filled with colour, now tells the tale of its decline, with only about four stalls left.

The dispute comes after the City told the traders that the site was earmarked for social housing.

Igshaan Higgins, an activist lawyer who has been vocal on the matter, said the eviction process could have been avoided if the City followed through on its commitment to explore relocating the traders to a suitable trading location.

“Unfortunately, the City opted for an urgent High Court application against financially disadvantaged traders who are unable to adequately defend themselves.

“These traders now face the burden of covering the City’s legal costs, regardless of their decision to contest the matter.

“Many of these individuals have operated businesses at the Salt River Market for over half a century, with their staff now facing unemployment,” said Higgins.

“It is my hope that the City will keep its expensive and overzealous lawyers at bay while trying to find an amicable solution through negotiation and/or mediation.”

Human settlements Mayco member Carl Pophaim said the City was releasing inner city land for affordable housing on an accelerated basis, and Salt River Market was one of various municipal-owned properties in central Cape Town — with a yield of over 3 500 units — that had already been released to social housing developers, including Pine Road, Dillon Lane, and Pickwick in Woodstock, and the Maitland Mews development.

“In line with our agenda to build a City of Hope by enabling much more social housing in well-located areas, the Salt River Market development will include 300 social housing units,” Popham said.

“It will also include a public square, alongside a community hall, anchor retail shops, and convenience retail (such as a hairdresser, laundry, etc) that will create many opportunities for small businesses. The development proposal pays special attention to the historical context of this site,” said Pophaim.

He said development was planned to accommodate the remaining four historical fresh produce sellers.

“The City has held extensive engagements with all the traders on the site, resulting in most of the remaining commercial traders agreeing to relocate on a voluntary basis,” said Popham.

“The land was released by the City council to the successful developer in July 2022, with construction set to start soon in July 2024.

“This is, however, being delayed by only four remaining traders who have, since 2019, been earning an income by trading illegally on the site without a lease agreement at Salt River Market and who do not trade in fresh produce or associated goods.

“Despite ample notice of the City’s intention to release the site for social housing development, these four traders have continued to make commercial gains without even paying for the water and electricity they consume on site.”

For further information

Simon Dippenaar & Associates, Inc. is a law firm of specialist eviction lawyers in Cape Town, Johannesburg and Durban. We help landlords and tenants maintain healthy working relationships. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you need help with tenants’ rights or landlords’ responsibilities.

Further reading: