Struggling To Evict A “Commercial” Occupant? Don’t Stress About PIE

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FEBRUARY 2015 NEWSLETTER

Struggling To Evict A “Commercial” Occupant? Don’t Stress About PIE

A recent Constitutional Court judgment highlights a fundamental difference in the legal protections afforded to two types of unlawful occupant –

Residential occupants:Occupants residing on premises are afforded protection in terms of PIE (The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act) with its many onerous requirements for eviction. Note that even residents of “commercial” property are covered – it is not the categorisation of property that counts, but whether or not the unlawful occupier resides on it.

“Commercial” occupants: In contrast, “commercial” occupants (“juristic persons and persons that do not use buildings and structures as ‘a form of dwelling or shelter’”) have no such protection, and are accordingly (in principle at any rate) easier to evict.

The case in question concerned a mixed-use property which was sold on an insolvency auction. The previous owners refused to vacate and the new owner asked the Court . . .

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Disclaimer

The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your professional adviser for specific and detailed advice.

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