Legal news and commentary from the offices of Simon Dippenaar
What you need to know if you own or rent commercial property If you’re a business owner, it’s very likely you either own or rent a commercial property. Whether you are landlord or tenant, you need a solid understanding of commercial eviction laws to protect your rights and interests. Commercial property is not governed by the […]
How mediation can resolve disputes and keep the case out of court Rental housing is a minefield. Tenants and landlords alike renege on the commitments they make in the lease agreement. Tenants stop paying rent, landlords refuse to return deposits. Tenants damage property, landlords unlawfully change locks. Tenants sublet without the landlord’s consent, landlords fail […]
Reprinted from the Daily Maverick, by Geoffrey Allsop – 2022-09-27 We explain in detail what the courts have ruled Since the Covid pandemic began, occupations of public land by destitute people have increased in various parts of the country. Below, we explain what the law currently says about when the government can lawfully remove people from […]
Reprinted from Moneyweb, by Liezl Human (GroundUp) – 2021-10-01 Housing activist groups have condemned the Unlawful Occupations By-law which was passed by the City of Cape Town on Wednesday, saying that it will criminalise people in need of housing and those living in shacks. An amended Streets, Public Places and Prevention of Noise Nuisances By-law […]
What is permitted under the new, “adjusted” Alert Level 1 It’s hard to keep up. The regulations for each Alert Level seem to vary each time a level is announced. Adjusted Level 3 was not the same as Level 3 first time round, and the same appears to hold true for Adjusted Level 1. So […]
Follow these 10 dos and don’ts for eviction and avoid litigation We often hear from clients: “I need to evict my tenant. But I’m worried I’ll be sued.” While we’re nothing like the US in terms of readiness to sue, society is becoming more litigious (which means “tending to take legal action to settle disputes”). […]
Judges emphasise that procedural fairness must be upheld Reprinted from groundup.org.za, by Tania Broughton – 2020-09-04 Three appeal judges in the Western Cape provincial division have laid down guidelines on how eviction orders, in domestic violence matters, should be dealt with. Photo: Brian Turner via Flickr (CC BY 2.0) A magistrate ruled that a husband accused of […]
The power of social media is immense. So much more than a mere communication tool, it’s a cornerstone of citizen journalism and can be one of the most effective ways in which ordinary people can tell important stories as they happen. What’s more, content posted on social media can be the grounds for legal action […]
What is the state of play regarding evictions? Hurrah! We made it to Alert Level 2! The drinkers and smokers will be particularly happy, but so will the gym-goers, those with family in another province, everyone who wants to see their friends, and…landlords. Landlords? Not so fast. There is some relaxation of the rules governing […]
Reprinted from the Daily Maverick. By Alan Van Gysen, 27 May 2020 We thought this article was worth sharing. Nine weeks ago, we said, “we’re all in this together”. As the lockdown has unfolded, it has become clear that nothing could be further from the truth. This article highlights the plight of some Western Cape […]
Can a tenant win an eviction? It depends. Usually no, but sometimes they can. When can they? When the landlord has not followed the legal eviction procedure. Can you give examples of this? When the landlord does not properly deliver written notices, otherwise known as eviction letters, to the tenant, before going to court. When the […]
What is the eviction process in South Africa? A set of legal rules must be followed to legally evict anyone in South Africa. The general process can be found in the Prevention of Illegal Evictions Act. It is a complicated set of processes, best left to an eviction lawyer to help you with. Generally, the […]
