Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town offices of STBB. She is an admitted Attorney, Notary Public and Conveyancer with many years of experience in the field of property law and conveyancing. She is also the firm's Marketing Director and attends to external publications for the firm as well as conducts ongoing training for estate agent and bankers training and is a regular seminar presenter for attorneys and property practitioners.

Property Law Update | Issue 27 – 2016

RESISTING EVICTION: ALTERNATIVE ACCOMMODATION SCARCE

Coetzee v Pipet Place Eiendomme CC (AR509/2015) [2016] ZAKZPHC 60 (28 June 2016)

A court will evict someone from a property if it has been shown that the person is there illegally (such as where a tenant refuses to leave after the landlord cancelled the lease). The PIE Act however obliges a court to consider various additional factors, including availability of alternative accommodation, before such an order is made. What will the outcome be if the occupier shows that it will be very difficult, though not impossible, to obtain alternative accommodation?

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The Judgment
Summary of the Judgment

 

EXECUTION REALLY A LAST RESORT

Firstrand Bank Limited v Mdletye and Another (8145/2015) [2016] ZAKZDHC 22 (1 July 2016)

You’ve fallen on hard times and struggle to remain up to date with your bond repayments. You understand that it follows, generally, that the bank may proceed to obtain judgment and execute against the property. Would a court adjourn granting an execution order if you resumed the monthly instalment plus an additional amount until arrears are eliminated?

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The Judgment
Summary of the Judgment