We purchased a property through a cc and...

Asked by Deshni Reddy on 23-09-2020 22:16:56
Question posted in the Landlord Tenant Law category relating to Eastern Cape

We purchased a property through a cc and when we moved out, we signed a lease agreement with our tenants, we didn't realize at the time that a new law had come into effect and the cc became dormant as we hadn't submitted annual returns. 

Our tenants have defaulted in rental payments since January this year and we initiated legal proceedings to have them evicted only to find out that the cc is dormant.  Our lawyer has retracted all notices pending the process to reinstate the cc. 

What rights do we have in the interim against these tenants who are not planning on moving out. In the meantime they continue to utilise utilities and not pay for them.

Answer to the Question

Posted by Att. Patrick on 24-09-2020 14:11:55

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

Unfortunately, there is not a lot that you can do.

You need to get the CC properly registered again by paying the annual fee to CIPC, and then it will be listed as a valid CC for purposes in SA.

Then, you institute the eviction proceedings again.

In the interim, stop paying the utilities and hopefully, the municipality will disconnect the services. 

Att. Patrick

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.