HII own a small holding where we have a ...

Asked by Duncan on 10-02-2021 15:04:37
Question posted in the Landlord Tenant Law category relating to Western Cape

HI

I own a small holding where we have a number tenants living, we have always tried to be flexible and easy going especially under Covid with the rent contributions. We have also never asked for contracts or deposits as we have tried to say to tenants, please look after us and we will look after you.

This has worked very well for the past 8 years.

We now have a situation were one of our tenants has fallen behind on their rent and seems unwilling to make it up 6 months later. We have offered a few solutions like some work, or a smaller place for less money or a small extra monthly repayment plan. Non have been accepted. Ontop of this he gets very angry and starts talking about us taking him to court, this is what we dont want to get involved with. He has also come close to becoming Zenophobic, I am from the UK and he has intimated he doesn't like people from other places coming to South Africa and buying the farms.

What this has resulted in that I want him gone and would like a process we can work through to legally make him leave the farm. To be very honest its nothing to do with the rent its to do with him as a person and not enjoying having him live on my farm.

Hope you can help.

Answer to the Question

Posted by Att. Patrick on 10-02-2021 21:28:48

Hi there and thank you for your question, 

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread. 

I don't know how/why he wants to take you to court, but it sounds like he is just trying his best to make threats in the hopes that you will leave him alone so that he can continue living there without paying rent. 

Such a situation can't continue. 

There are two ways to get rid of him -

1. Either you pay him to leave, and hire a moving truck, and help him with a deposit on a new place, to get him out of your life!!!! You could also say to him "leave now, and I'll write off the arrear rental."

2. OR, you are going to have to go the legal route of cancelling his lease agreement, giving him the required notice period in terms of the Consumer Protection Act, and then evicting him through the Magistrates Court. 

Keeping this guy in your life, living on your farm, threatening you, can't continue!

If he makes a proper threat against you, like he will harm you, then you need to report it to the SAPS and get him arrested. You can then also possibly apply for a protection order so if he makes a threat again you can get him arrested. Also, it will get him off the farm!

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question. 

Att. Patrick 

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