Can a landlord remove a non-paying tenants goods?

Written by  Smith Tabata Buchanan Boyes
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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

Website: www.stbb.co.za/

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