A Property24 reader asks:
I have a flat in Yeoville which has been hijacked. I could detail the situation further, suffice to say the entire building has been taken over and my attempts to sell the flat have ended with death threats to the prospective buyer resulting in a cancelled sale, and even myself when I went to visit my flat.
What remedy is there where an entire building has been taken over, where there is no body corporate, where the building is in arrears with council, and council has ‘made” arrangements with the illegal occupiers to pay for basic services.
Sewer runs out the front of the street, and the building is in a state of disrepair.
What to do? I can’t even give the place away?
Any advice would be welcomed!
Marlon Shevelew, specialist rental and eviction attorney at Cape-based legal firm Marlon Shevelew and Associates replies:
Whether it is an individual unit or whole building, the owner of the property unit/s must institute eviction proceedings as a matter of urgency.
The Prevention of Illegal Eviction From and Unlawful Occupation of Land Act (“the PIE act”) in section 4 thereof, affords an owner or person in charge this right to launch these proceedings.
Section 5 of the PIE act in fact specifically mentions the right to apply for an urgent eviction if there is a “real and imminent danger of substantial injury or damage to any person or property” if the eviction order is not allowed.
The council’s agreement with these illegal occupiers cannot, in my opinion, establish any right of occupancy as only an owner or his/her/its duly authorised agent can grant that right.
Coupled with the eviction application, I would immediately lay charges at the SAPS. The threat of murder is an assault in criminal law terms and beside the obvious criminal implications, this will serve as evidence to justify urgent relief from the courts.
Get hold of an eviction attorney without delay!
Readers' Comments Have a comment about this article? Email us now.