Home / Legal  / [WATCH] Can the Rental Housing Tribunal issue eviction orders?

[WATCH] Can the Rental Housing Tribunal issue eviction orders?

eviction resize, landlord, tenant

Q1

Hi, I am a new property owner and I recently purchased an apartment in Glenwood, Durban. The property was occupied by a tenant at the time of acquisition and when that lease expired, it was let to a new tenant.

The tenant (a pastor), has indicated that the church receives funding from the USA and funding to the church is being delayed. This has resulted in him not receiving his salary. He has made numerous promises to settle the rent and utilities, yet this has not materialised nor has he come forward to explain the situation or make arrangements for payment.

This is becoming a serious problem and while the rent is still outstanding, the utilities also have not been paid and the tenant continues to incur fines for breaking house rules. The management agent has placed a great deal of pressure on this tenant but feels that the tenant is playing games and has no intention of paying anything at all.

It has become critical to act to have this tenant evicted from the property and to recover the monies owed. The management agent has issued a letter of cancellation to the tenant and offered two ways forward:

Rental Housing Tribunal – The management agent indicated that the tribunal often sides with the tenant in these matters;

Instruct an attorney – To proceed with eviction and collection of all outstanding amounts.

In this regard, the attorney could also apply for a court order to sell the tenant’s furniture for payment of the rent, utilities and fines.

Please advise on the best way forward.

What would be the cost to me and what is the processes involved? – Vishal

Q2

Hi, a buyer is suing saying that not all is on plan and that she has found latent defects that were not disclosed to her. She is suing the agent and the seller. Please advise.

Our contract stated that the seller confirms all is on plan and adheres to municipal by-laws. Sale was voetstoots as well. – John

A


Got a question? Email david@hometimes.co.za


need a bond


 

Trusted Tenant - #TenantPower

david.steynberg@gmail.com

David A Steynberg, managing editor and director of HomeTimes, has more than 10 years of experience as both a journalist and editor, having headed up Business Day’s HomeFront supplement, SAPOA’s range of four printed titles, digimags Asset in Africa and the South African Planning Institute’s official title, Planning Africa, as well as B2B titles, Building Africa and Water, Sewage & Effluent magazines. He began his career at Farmer’s Weekly magazine before moving on to People Magazine where he was awarded two Excellence Awards for Best Real Life feature as well as Writer of the Year runner-up. He is also a past fellow of the International Women’s Media Foundation.

Review overview
NO COMMENTS

POST A COMMENT