Mc Naught & Co
Landlord remedies for Rental Arrears
LANDLORDS REMEDIES FOR RENTAL ARREARS
We at Mc Naught and Company care about property owner rights and its imperative that we empower property owners when it comes to their prided investments.
Landlords in South Africa face a common problem regarding their rental properties. The tenant who does not pay inevitably will be evicted, but did you know, that you have a further remedy to claim your rental arrears.
Some options include, a landlord lodging a complaint for unpaid rentals and seek an attachment order through the Rental Housing Tribunal in terms of section 13 (12)(c) of the Rental Housing Act.
Secondly under Section 31 Magistrate Court Act 32 of 1944 (“the Act”), a landlord may issue a summons for rental and include an Automatic Rent Interdict, which prevents the tenant from removing their movable from their premises.
Lastly section 32 (attachment of property in security of rent) allows for the tenant’s goods to be attached by the landlord deposing to an affidavit.
The common law remedy offers relief for the Landlord against the tenant who is unable and unwilling to pay the rental arrears. It allows the landlord to attach the tenant’s movable property as a means to ensure payments for the outstanding rent.
An attachment order gives the landlord real security and allows the sheriff to identify the tenant’s goods and list these on an inventory, pending the court’s final order. The goods may be removed and stored by the landlord or remains in the dwelling to be sold later.
If you are struggling with just such a problem tenant, contact us for more information on your options and on how best to protect your rights.
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