Stories which will frighten even the most hardened agent.
2008/08/04 01:48:18 PM
diana001
Posts: 11
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Please help, we've given a tenant notice to vacate after they repeatedly fail to pay the agreed amount each week (they are in serious arreas and we have agreed to follow a payment plan) we gave them a months notice on the 1st of August we still find them occupying the premises, they even called the police to escort us away (as the managing agents) owner is away.. what can we do to get these people out?
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2008/08/04 09:22:22 PM
Pumba
Posts: 23
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Unfortunately, the PIE act allow them to act this way.
There are a handful of things to do, but all borders on illegal and you can be taken to court. And with the RHT, it cost them (tenants) nothing to take you on.
You on the other hand, have to follow the law and get an eviction order. It will take time and cost you money. Go and see an attorney ASAP.
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2009/10/12 03:10:42 PM
Clinton Ungerer
Posts: 23
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Go and look at www.homeevictions.co.za
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2009/10/14 03:36:14 PM
Damon
Posts: 6
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Doesn't the RHT assist landlords too?
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2009/10/15 02:09:05 PM
Michelle
Posts: 142
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Recommended attorney in CT: Marlon Shevelew 021-425 7069 from Marlon Shevelew & Associates
RHT: 021-483 4020
edited by Michelle on 10/15/2009
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2009/10/16 10:16:38 AM
Graham Jones
Posts: 2
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Damon wrote:
Doesn't the RHT assist landlords too?
Yes they are supposed to but I understand that when lodged with them everything gets put on hold for 3 months and then from my point of view and discussion with other agents, they are heavily in favour of the tenants. Personally I avoid them at all costs and rather follow the legal route where hopefully at the end of the day the tenants will pay your costs as well. Under the current economic climate, from a tenant aspect, it is very bad news to have a judgement against your name and tenants have come forward afterwards and paid to get this removed - both your costs and their attorney costs for a recindment of judgement.
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2009/10/16 02:03:45 PM
VAN VUUREN ATTORNEYS
Posts: 14
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Dear Sir/ Madam
We might commend you on entering an agreement of settlement with you tenant. This is not just the most efficient way to resolve an outstanding debt but also avoid unnecessary costs and time delays if executed properly. If a Settlement Agreement is drafted in the correct manner it will have a provision to make it an Order of Court. If the tenant then fails to make payment of any installment the whole outstanding amount will immediately become due and payable, a Warrant of Execution can be obtained from the Magistrates court and execution of the moveable goods can commence without delay.
To evict a tenant, however and eviction order still needs to be obtained and we recommend that the services of an Attorney be used in obtaining same.
Should you require assistance in evicting this tenant, kindly contact our office on 012 3619638.
Should you have any further enquiries, please do not hesitate to call us.
Kind regards
Van Vuuren Attorneys
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2010/10/12 04:21:31 PM
Gaara
Posts: 3
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If you can get the owner to stop paying his rates and taxes, the tenant can't buy electricity and has limited water supply. This can be an good motivation for the tenant to move out and is legal.
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2010/12/23 11:24:21 AM
Marlon Shevelew
Posts: 73
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One must be careful in this instance. If the action of the property owner is perceived to be an attempt to deprive the tenant of his beneficial occupation, the property owner may face a spoliation application to restore whatever amenities have been disconnected.
--
Marlon Shevelew
Specialist Landlord / Tenant law Attorney / Consumer Protection Act expert
and National Legal Advisor to TPN
www.marlonshevelew.co.za
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2011/01/04 07:09:49 PM
ERA Alb
Posts: 3
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diana001 wrote:
Please help, we've given a tenant notice to vacate after they repeatedly fail to pay the agreed amount each week (they are in serious arreas and we have agreed to follow a payment plan) we gave them a months notice on the 1st of August we still find them occupying the premises, they even called the police to escort us away (as the managing agents) owner is away.. what can we do to get these people out?
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2011/01/04 07:12:13 PM
ERA Alb
Posts: 3
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You must get your attorney to issue an "Attachment Order" . The court issues this within a week or so to attach the tenants goods to the value of the arrears together with legal costs.
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2011/01/07 11:19:16 AM
eposza
Posts: 1
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I have a written confession of the tennent for debt as well as that she will be out on 31st december signed with her lawyer, now she will not move?Do I have any rights because of this document she signed?
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