Tag: Property Eviction

25
Jun

One Bad Letter and Your Eviction Falls Apart

A tenant may be in clear breach of a lease, but that does not guarantee a successful eviction. A recent High Court judgment shows how an unclear cancellation notice and a failure to follow the correct legal process can derail an otherwise strong case, leaving landlords with an expensive lesson in the importance of getting the basics right.

26
Mar

Considering Using Sequestration to Recover Levies? Think Again

Unpaid levies can leave body corporates out of pocket and out of patience. When conventional debt recovery feels too slow, sequestration may seem like the obvious next step. But a recent High Court judgment is a reminder that sequestration is not a debt-collection shortcut. The court refused an application by a body corporate that had failed to meet the strict statutory requirements. Before reaching for the nuclear option, body corporates should understand what the law actually requires.

26
Aug

Eviction Refused – Landowners, Unlawful Occupiers and the “Just and Equitable” Test

Article courtesy of Law Dot News | Property - Eviction Refusal Eviction Refused – Landowners, Unlawful Occupiers “PIE recognises that in appropriate circumstances the right to full exercise of ownership must give way, in the interest of justice and equity, to the right of vulnerable persons to a home.” (Extract from judgment below) “Unlawful occupiers” of land have strong rights
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