Combined Summons & Rent Interdict Summons
To provide some insight into the process followed by SSLR Inc. in rental dispute matters is briefly outlined below.
1. Letter Of Demand
With an arrears rental collection matter, we need to start the process by delivering a Letter of Demand in which payment of the outstanding amount is required within 7 days, or as may be otherwise stipulated in the lease agreement.
2. Combined Summons
We will then proceed with a Combined Summons in which we will plead the agreement in Court and initiate a claim for the outstanding amount owing to you.
In cases where the tenant is still occupying the premises, we proceed with a Rental Interdict Summons, in which the tenant is interdicted from removing any assets from the property in accordance with the landlords’ hypothec, as an additional security for the landlord.
The summons will be delivered to the Court for issuance, after which it will be served on the debtor by the Sheriff of the Court.
The tenant then has then 10 business days from service of the summons to defend the matter, by serving a document called a Notice of Intention to Defend.
If the tenant does not defend the matter we can proceed with a Request for Default Judgment, in which the Court is asked to grant the appropriate judgment against the tenant. If this is successful we can proceed to issue a warrant of execution and attach the assets of the tenant. Such assets will then be sold on auction by the Sheriff, in order to recover the outstanding amount.
Should the matter be defended, we will proceed with an Application for Summary Judgment, in which we state that the tenant does not have a valid defence – and that the objective of defending the matter is purely to create a delay. The court will then hear our argument as well as that of the tenant, to decide whether to grant our order or allow the tenant leave to defend. If the tenant is granted leave to defend, the matter will proceed to trial. We endeavour to avoid this, due to cost and timing issues, as a trial will usually take about 2 years to finalise.
The effect of a sale on a management mandate agreement Is the purchaser of a property with a tenant in the premises duty-bound to perform in terms of the former landlord’s obligations towards the lease agreement, or in terms of a mandate in the case of a management mandate agreement? The lease agreement remains in […]
Obtaining court dates from the High Courts in Lockdown Level 1 As much as we, as legal practitioners, have got used to attending to court virtually and working with the new online court system, called CaseLines; the legal profession is still experiencing extreme difficulties. The latest court directives allow us to issue new proceedings at […]
Does Section 4(5)(c) of the Rental Housing Act contradict the principle of huur gaat voor koop? The legal principle of huur gaat voor koop was established within Roman Dutch Law and has, since the adoption of Roman Dutch Law as the foundation of the South African legal system, been one of the cornerstone principles governing property […]
Why were these regulations declared unconstitutional by the High Court? What does this mean? On 2 June 2020 the High Court handed down a judgement in the matter of De Beer v COTGA. News of this judgement spread in the media and on social media like wildfire, with headings like “Lockdown Regulations Unconstitutional”; as much […]
LEVEL 4 REGULATIONS ON EVICTIONS The Alert Level 4 Regulations were released to the public explaining exactly what Level 4 will entail for the South African public. One of the regulations, specifically Regulation 19, deals with the prohibition of evictions and has a big effect on our property industry. The Regulation reads as follows: A […]
No regulations of any kind have been implemented to authorise tenants to refrain from paying rent. The global pandemic brought about by the COVID-19 virus has thrust South Africa into one of the most unfamiliar and uncertain times in our history, the likes of which never before experienced. Government has, in response to the virus, […]