South African Commercial evictions are regulated by the common law. Therefore, tenants of commercial property do not enjoy the protection of PIE or ESTA. The actual use of the property is the determining factor in establishing whether a commercial eviction applies to the tenant. Commercial eviction proceedings can be brought by way of action or application. Magistrate Court proceedings will be in the form of an Automatic Rent Interdict Summons. High Court proceedings may be brought by way of either action or application. The proceedings are founded in civil litigation and are based on the terms and conditions of the lease agreement.
The eviction of unlawful occupiers of urban private property, are regulated by the Prevention of Illegal Eviction and Occupation of Land Act, 19 of 1998. PIE was enacted to prevent unlawful and arbitrary evictions, and sets out the eviction procedure that should be followed when evicting residential tenants, including illegal squatters and defaulting tenants. We offer a comprehensive service in property related disputes through ensuring an integrated and specialised approach to rental/housing disputes, property related debt recovery and court procedures, as well as eviction proceedings. We have experience in Alternative Dispute Resolution and where appropriate aim to resolve conflict through settlement agreements and/or alternative accommodation relocation agreements. We have a successful track record in the eviction of informal settlements, including effective case management with various role players in provincial and local government, and alternative dispute resolution.
Contact Willem van Heerden
Contact Charl Ackermann