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PRESENTATION ON EVICTIONS

PRESENTATION ON EVICTIONS. Presented by Neil Ristow. EVICTIONS. INTRODUCTION Property, as an investment, becomes with substantially less if its asset value cannot be depended upon for a reliable return. Property boom in South Africa.

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PRESENTATION ON EVICTIONS

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  1. PRESENTATION ON EVICTIONS Presented by Neil Ristow

  2. EVICTIONS INTRODUCTION • Property, as an investment, becomes with substantially less if its asset value cannot be depended upon for a reliable return. • Property boom in South Africa. • The Prevention of Illegal Eviction from Unlawful Occupation of Land Act 19 of 1998 • Now Applies to residential property • The obtaining of an eviction orders delayed.

  3. EVICTIONS THE NEW BILL • The error has been acknowledged by politicians • A draft bill was published for comment • A final bill has been published and has been referred to the National Council of Provinces.

  4. EVICTIONS THE NEW BILL (Continued)…………… The New Bill will amend P.I.E and make it clear that: • It does NOT apply to residential property • It was never the intention of the legislature to make P.I.E • applicable to cases of holding over

  5. EVICTIONS EVICTION PROCEEDINGS AS THEY NOW STAND • The tenant breaches the lease agreement and there is a basis for eviction. • The necessary demand is made. • Summons is prepared and served together with a Notice in terms of Section 4 of the PIE Act • PIE requires that the unlawful tenant be given 14 days in which to challenge the eviction

  6. EVICTIONS CONTINUED……… • If not defended Default Judgement is taken after 5 days against the tenant • Sheriff attaches and removes the tenant’s belongings • On the 14th day the application in terms of the PIE Act is heard and if not opposed the eviction is confirmed.

  7. EVICTIONS

  8. EVICTIONS PRACTICLE ISSUES • Judgement goes mission at court • Magistrate goes on leave • Administration efficiency

  9. EVICTIONS WHAT TO BRING TO YOUR ATTORNEY……….. • A stamped Lease Agreement • Letter of Demand • Full details of the arrears or particulars of the breach.

  10. EVICTIONS SEMINAAR • QUESTIONS?

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