Navigation
Madison
Madison - Re: In light of recent events
Re: In light of recent events
Advertiser
Joined:
2 May 2017
Posts to Date: 125
  View Profile  
Posted: 2020-03-22 22:44:28

Shoeguy if they insist on a no eviction process they're going to have to look at making the property owners able to afford the bond repayments , I'm sure they will follow suite on the measures other countries have taken , remember WHO is watching SA now because it's an international problem at the moment.
Topdeckparty
Topdeckparty - Re: In light of recent events
Re: In light of recent events
Gold Member
Joined:
13 Aug 2012
Posts to Date: 170
View Profile
Posted: 2020-03-23 06:03:45

This is most likely to be fake news this rent story. But hey, don't pay your rent and see what happen.

Note that if you are one of my tenants, you will be evicted FULL STOP.
balasbak
balasbak - Re: In light of recent events
Re: In light of recent events
Gold Member
Joined:
21 Oct 2019
Posts to Date: 468
View Profile
Posted: 2020-03-23 06:29:06

Anyone who owns investment property, residential that is, cannot simply enforce eviction by taking the law into their own hands, they need to proceed with an application to court in terms of the PIE Act, being the Prevention of Illegal Eviction and Unlawful Occupation of Land Act. In my experience, having done hundreds of these applications personally, this process can take up to 4 - 6 months, and with the current shut downs, probably longer. Also, a landlord cannot turn off utilities like electricity and water, because then the tenant can proceed with a simple spoliation application at the tenants local magistrate's court, and will be successful because doing this by the landlord is taking the law into the landlords own hands.

Ladies, you can thank me later ....
Madison
Madison - Re: In light of recent events
Re: In light of recent events
Advertiser
Joined:
2 May 2017
Posts to Date: 126
  View Profile  
Posted: 2020-03-23 06:47:39

Balasbak I wish people would actually watch the news instead of making up their own crap on here. I've posted the link of the presidential cabinet now assisting in disaster management, one of the major changes is in regards to forced evictions and punters think they know better or will do their own thing here, when this gets enforced like it has all over the world , landlords will be fined or imprisoned, I want to see the arrogance then. Watch the news, be informed, as I said previously , in order to evict anyone under normal circumstances, a landlord needs a court order. If this gets passed NO court will grant you that and you may actually land up on the wrong end of the law.
Madison
Madison - Re: In light of recent events
Re: In light of recent events
Advertiser
Joined:
2 May 2017
Posts to Date: 127
  View Profile  
Posted: 2020-03-23 06:55:33

@topdeckparty, you may ofcourse do whatever you like to, however when commenting on here, stay informed I have posted a link in a previous comment. It comes from the cabinets own mouths or you can look up SABC news presidential address with yesterday's date, yesterday the cabinet members made the announcements.

I would be very careful if / when enforced on disobeying the law Especially during this time, you're not likely to win.

But good luck to you trying.
Louise ( Miss Red)
Louise ( Miss Red) - Re: In light of recent events
Re: In light of recent events
Advertiser
Joined:
17 May 2018
Posts to Date: 2114
  View Profile  
Posted: 2020-03-23 07:06:47
Edited: 2020-03-23 07:08:03

My advice is go talk to your landlord before you get to that situation.

I did! I am still good for now. But in the event that it might not be good in the upcoming weeks. I have made provisions.

My landlord is applying for a "freeze" on the bond payment and rates&taxes. So that he does not have to worry and as a result all tenants will be granted that same relieve should push come to shove.

It does not mean everyone should stop paying it just means if we have a problem to pay he has safe gaurded himself against that event.

No right thinking landlord will evict people now. Because chances are your space is gonna stand empty as a lot off people that rent will start moving towards co habiting with family to share costs.
(I know of 3 independent working ladies that all had their own places that as of from next month will be sharing a space to cut on their expenses and a few others that have now moved to family and will either not be working or will go work from a venue)

My own place that is rented i cant just kick people out to move back there to safe myself costs. They have no money issues yet but I will be doing the same for them that my landlord has said he would do for us if the time comes when we truly can't make payment.

So here is my advice. Property owners should start to put measures in place for if and when situations get bad. And tenants should not abuse the "corona"as an excuse. But should go talk to your landlord before the shit hits the fan.

Everyone is gonna feel this and everyone should try and be responsible.

[deleted]
[deleted] - Re: In light of recent events
Re: In light of recent events
More than 100 posts
Posted: 2020-03-23 07:23:47

On 2020-03-22 21:24:09 Topdeckparty said:
No evictions? If tenants in my properties are not gonna be paying, they will get out, that's for sure. Minister can say what he wants, stay for free don't happen. How is he gonna make the difference between someone that cannot May and someone just not paying even if he can. I am still to hear about this story anyway.



you are a decent human being
Meg
Meg - Re: In light of recent events
Re: In light of recent events
Advertiser
Joined:
13 Aug 2008
Posts to Date: 7672
  View Profile  
Posted: 2020-03-23 07:33:19

On 2020-03-23 06:29:06 balasbak said:
Anyone who owns investment property, residential that is, cannot simply enforce eviction by taking the law into their own hands, they need to proceed with an application to court in terms of the PIE Act, being the Prevention of Illegal Eviction and Unlawful Occupation of Land Act. In my experience, having done hundreds of these applications personally, this process can take up to 4 - 6 months, and with the current shut downs, probably longer. Also, a landlord cannot turn off utilities like electricity and water, because then the tenant can proceed with a simple spoliation application at the tenants local magistrate's court, and will be successful because doing this by the landlord is taking the law into the landlords own hands.

Ladies, you can thank me later ....



Thank you for the advise.

I know it's been implemented in US and Barcelona and a few other places where you can't be pressured into paying rent if there is no income.
Mike23
Mike23 - Re: In light of recent events
Re: In light of recent events
Gold Member
Joined:
30 Jul 2007
Posts to Date: 136
View Profile
Posted: 2020-03-23 07:44:57

People posting here really dont get it. In countries where things like rent have been frozen, ultimately the government pays for all of that.

These are governments with budget surpluses, contingency reserves, sovereign wealth funds or AAA rated like the US or EU that can literally print money.

SA has NONE of this. We were at totally unsustainable debt levels before covid. There is no cushion and any bailout would literally be SA gov taking money from left pocket into right pocket.

For you to just skip 2 or 3 months of payments and think the rich landlord is just going to soak it up is really selfish and shortsighted.

No one is bailing him or her out and their expenses continue as normal. Do you have any idea how many old pensioners own small units for rent and rely on it as their main source of income?

There is no free lunch here. SA doesnt have the options that wealthy countries do and its really naive to pretend we are somehow going to provide the same financial assistance they are.

Good luck to your minister and his announcement. It simply isnt workable in the real world.
Topdeckparty
Topdeckparty - Re: In light of recent events
Re: In light of recent events
Gold Member
Joined:
13 Aug 2012
Posts to Date: 171
View Profile
Posted: 2020-03-23 07:46:58

On 2020-03-23 06:29:06 balasbak said:
Anyone who owns investment property, residential that is, cannot simply enforce eviction by taking the law into their own hands, they need to proceed with an application to court in terms of the PIE Act, being the Prevention of Illegal Eviction and Unlawful Occupation of Land Act. In my experience, having done hundreds of these applications personally, this process can take up to 4 - 6 months, and with the current shut downs, probably longer. Also, a landlord cannot turn off utilities like electricity and water, because then the tenant can proceed with a simple spoliation application at the tenants local magistrate's court, and will be successful because doing this by the landlord is taking the law into the landlords own hands.

Ladies, you can thank me later ....







It happened to me only once where the agent managing my property portfolio had to get somebody out. He must be quite good then, because the matter did not go to court for any application.

Reply

You must be logged in to post on this forum. Basic Membership is free and it only takes a minute to sign up. Alternatively, if you are already a member, please log in. You will be automatically returned to this page.

Legend


Hover mouse over icons for description

Back to Previous Page
For the best browsing experience, rotate your tablet horizontal.