Abstract: Eviction at common law was simple before the Prevention of Illegal Eviction from & Unlawful Occupation of Land Act 19 of 1998 (PIE Act) and the Rental Housing Act (RHA). The owner/landlord merely had to show that there was valid termination of the lease and had the right to be restored possession. PIE brought about changes whereby court orders and judgments grant evictions that are just and equitable, after considering a number of factors including the all the relevant circumstances; the rights and needs of the elderly, children, disabled persons and households headed by women. Whether the occupants are lodgers or tenants become not only contentious, but have severe legal implications. The provisions of the Constitution, the Rental Housing Act 50 of 1999 (RHA), the law of contract and the common law govern the rights and duties of the parties. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) extended to urban tenement by the courts, significantly ‘radicalised’ procedural requirements and to some extent the substantive requirements relating to evictions.
Publication Year: 2011
Publication Date: 2011-01-01
Language: en
Type: article
Access and Citation
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot