Notify me of updates


To view a demonstration of FireFly Mobile click here

Can a landlord remove a non-paying tenants goods?

Written by  Smith Tabata Buchanan Boyes
Rate this item
(5 votes)

A landlord has a tacit hypothec over a tenant’s movable property, should the tenant fail to pay any rental that is due. However, the hypothec is only enforceable if the landlord has a court order to this effect!

Thus, prior to obtaining a court order, the tenant may remove his goods from the premises himself and the hypothec will fall away.

Section 32 of the Magistrate’s Court Act is a useful tool in such circumstances as it allows the landlord to obtain an urgent order perfecting the hypothec and authorising the sheriff to attach and remove the goods for safe-keeping, pending the finalisation of any action for the outstanding rental.

Smith Tabata Buchanan Boyes

Smith Tabata Buchanan Boyes

Smith Tabata Buchanan Boyes