Evictions – the 'unlawful Occupier'

EmailEmail Print Share

24 Feb 2012

The Prevention of and Illegal Eviction from and Unlawful Occupation of Land Act (“the PIE Act”) was promulgated in 1998. 

In terms of Section 4 of the Act, an owner wanting to evict an unlawful occupier from any land in South Africa has to take various additional steps laid out in Section 4 of the PIE Act. 

An unlawful occupier is defined in the PIE Act as a person who occupies land without the consent of the owner or person in charge of the land or without any other right in law to occupy the land. 

The definition of unlawful occupier is currently very wide and therefore means that owners of land who wish to evict their ordinary residential tenants need to comply with the additional procedures of the Act. 

Currently, I understand the talk to be that the legislature will be debating or has debated an amendment to the PIE Act, which will then be available for public comment. 

I understand the debate to revolve around amending the definition of an unlawful occupier to exclude a party who previously occupied such land for residential purposes with the owner’s consent, meaning a tenant. 

If such amendment is passed, a tenant who once occupied the land with the landlord’s consent may no longer be defined as an unlawful occupier.  The landlord on taking steps to evict the tenant may not then have to comply with Section 4 of the PIE Act. 

These steps by the legislature will be welcomed by land owners in South Africa and will result in eviction attorneys being able to more swiftly obtain eviction orders against defaulting tenants. - Alan Levy

Alan Levy Attorneys specialise in eviction, providing advice on the eviction process and services in evictions in South Africa and Johannesburg.    

Similar Articles

What happens when a relationship deteriorates, or when one...

A reader says they bought a property where the tenant has...

A Property24 reader asks how long the landlord can hold...

View all articles

Top Articles

When decorating as a couples it’s important to make...

Morningside, Rivonia, Rosebank and Bryanston will see much...

Offering sophisticated retirement living, Lazuli Coastal...

View all articles
Top Articles
10 Feb 2016
Morningside, Rivonia, Rosebank and Bryanston will see much residential d...
10 Feb 2016
Offering sophisticated retirement living, Lazuli Coastal Lifestyle Estat...
10 Feb 2016
The new multi-million rand Tugela Ferry Mall and Jozini Shopping Centre ...
10 Feb 2016
A UKZN architecture student has proposed an environmental research facil...
10 Feb 2016
Offering the ultimate seaside retreat, Flamingo Bay is being developed o...
Get the latest property news.
Select your options:

Your browser is out of date!

It looks like you are using an outdated version of Internet Explorer.

If you are using Internet Explorer 8 or higher, please verify that your Internet Explorer compatibility view settings are not enabled.

For the best browsing experience, update to the latest Version of Internet Explorer or try out Google Chrome or Mozilla Firefox.

Please contact our Property24 Support Team for further assistance. Tel. +27 (0)861 111 724