Latest / Anele and the Club on 947 / As a landlord how do you evict a tenant that refuses to pay their rent?

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As a landlord how do you evict a tenant that refuses to pay their rent? · Anele and the Club on 947

0:00
Speaker 1: Wake up with a bang.
0:02
Speaker 2: Hey, wake up!
0:03
Speaker 1: Anele and the Club on 947. I have no idea
0:08
Speaker 1: why this story is making me so mad. I am
0:13
Speaker 1: so invested. I just want to say off the bat,
0:15
Speaker 1: it is none of my business, but I have made
0:19
Speaker 1: it my business. I have like random meltdowns every time
0:23
Speaker 1: I think about it. And then I go into social media,
0:25
Speaker 1: I go into news platforms and there's an update and
0:28
Speaker 1: I just want to punch the air.
0:30
Speaker 2: I'm just like. Guys, she doesn't joke. Yesterday I checked.
0:34
Speaker 3: My Twitter profile, like I went onto Twitter, I think
0:37
Speaker 3: three times over several hours. And this young lady had
0:41
Speaker 3: an update on the situation every time.
0:44
Speaker 2: Really?
0:44
Speaker 1: I'm just spiraling because... This is audacity. It's meanity. They
0:50
Speaker 1: live to do this to someone. Connie Ferguson, right? We
0:55
Speaker 1: all know her. Met her in 1993, 1994 on Generations.
0:58
Speaker 1: She was Garabo Moroka. Since has become South Africa's sweetheart, right?
1:03
Speaker 1: Wildly successful. She had the Ferguson's production company. with her
1:07
Speaker 1: husband who's now passed away. Also, he was also dynamic.
1:12
Speaker 1: Like they were just amazing together and successful. So they've
1:14
Speaker 1: got properties, right? So she has a house in Reimsach.
1:17
Speaker 1: Not a small house, a very big house. I've never
1:20
Speaker 1: been there myself, but I've done enough research and I've
1:23
Speaker 1: seen photos. This house is massive. And she's now battling
1:27
Speaker 1: the tenants of that house to get out of her
1:29
Speaker 1: house because they owe her over 500,000 Rand in rent.
1:35
Speaker 2: And it's not a small house, by the way.
1:37
Speaker 3: From what I've looked up, they say here that it's
1:40
Speaker 3: basically what, it has to do with a failed sale
1:43
Speaker 3: agreement that was initiated in October last year, 2025, right?
1:47
Speaker 1: Also, they were renting and then they were like, no,
1:50
Speaker 1: we're going to buy.
1:51
Speaker 3: Yeah, so they apparently moved into the house under an
1:53
Speaker 3: occupational rent agreement. they had agreed at the time, according to,
1:58
Speaker 3: this is I think Times Live, to pay 65,000 Rand
2:02
Speaker 3: a month. So, I mean, to qualify for that, the
2:04
Speaker 3: impression I get is that you should be able to
2:07
Speaker 3: have financial sort of leeway.
2:09
Speaker 2: So you should be able to afford that level of lifestyle.
2:11
Speaker 1: You show three months bank statement, you show your income,
2:14
Speaker 1: you show your, is it still called a salary advice
2:17
Speaker 1: or am I going to give my age away?
2:18
Speaker 2: Pay slip.
2:19
Speaker 1: Pay slip, there we go.
2:21
Speaker 2: Pay slip. Pay slip.
2:22
Speaker 1: But, Guys, you do not move into a 65,000 rand
2:26
Speaker 1: house a month if you do not know how to
2:28
Speaker 1: afford it. Okay, now we're half a million in. Okay,
2:32
Speaker 1: evidently you can't afford the house. Why don't you downscale?
2:35
Speaker 1: Why don't you move to a smaller house? Why does
2:37
Speaker 1: Connie have to be the one to put up with
2:40
Speaker 1: your bad behavior? I'm so upset.
2:44
Speaker 3: And this, by the way, the 549,000 rand was up
2:45
Speaker 3: to August. So imagine September, we're now in October. So
2:51
Speaker 3: there's probably.
2:51
Speaker 1: More money added to that. So add 120,000 to that.
2:53
Speaker 4: So we're sitting at 700,000. Can you imagine the stories
2:56
Speaker 4: she's probably telling Connie in the middle?
2:57
Speaker 2: No, I'm just... No, just.
2:59
Speaker 4: Every month now you must listen to the same old nonsense.
3:02
Speaker 1: And are they still even answering her calls?
3:05
Speaker 2: Well, that part as well.
3:06
Speaker 1: Because now you live in my house. Legally, I can't
3:08
Speaker 1: kick you out. And apparently you can't do that thing
3:10
Speaker 1: anymore where you remove doors.
3:11
Speaker 5: You can't evict people. Like the South African law... defends
3:16
Speaker 5: the tenant to the end. The homeowner is on the
3:19
Speaker 5: back foot all the time.
3:21
Speaker 1: But now she's going to reach a million rand. And
3:24
Speaker 1: she's probably, you know what the thing is?
3:25
Speaker 5: The reality is whether, you know, we all go, oh,
3:27
Speaker 5: big problems. But this happens to people who are owed
3:30
Speaker 5: 10,000 rand a month in rent on a one million
3:33
Speaker 5: rand home. Now, maybe you've bought that property as an
3:35
Speaker 5: investment and you're using the rent to pay off your bond. Now,
3:39
Speaker 5: you've got to keep paying that bond. Where are you
3:41
Speaker 5: getting that money from if you were banking on the rents?
3:44
Speaker 1: And I also think they're taking advantage of the fact
3:46
Speaker 1: that they know who she is, so she can't go rogue,
3:49
Speaker 1: because obviously I'm a brand. And then secondly, she's a
3:54
Speaker 1: lovely young lady. And then also because we know she's
3:56
Speaker 1: really successful, like her and her husband built a huge business,
4:00
Speaker 1: I think they're just saying, no, it's fine, she can
4:02
Speaker 1: afford it. No, she can't. Get out of her house.
4:05
Speaker 3: I think what's fascinating for me about property law, and
4:07
Speaker 3: I'm not an expert, but from what I saw online
4:09
Speaker 3: is that they're actually also opposing... her attempt to evict them,
4:14
Speaker 3: like legally in court.
4:15
Speaker 1: So they're paying for legal fees.
4:17
Speaker 2: So that's what's all playing out where they're like, well,
4:18
Speaker 2: you can't kick them out.
4:19
Speaker 1: So you can pay for legal fees, but you can't
4:21
Speaker 1: pay my money for rent.
4:22
Speaker 5: But the catch in this one might be because there's
4:24
Speaker 5: some sort of purchase agreement, something, something. So there might
4:27
Speaker 5: be something there. But in general, this happens to South
4:30
Speaker 5: Africans on the daily where people owe money and nothing happens.
4:36
Speaker 1: As always, I want to hear from both sides.
4:39
Speaker 6: 011-8838-947.
4:39
Speaker 1: Did this ever happen to you where you had a
4:43
Speaker 1: tenant that just refused to leave? What measures did you
4:47
Speaker 1: go to? Because yes, now you must take them to
4:49
Speaker 1: court and you must take it to the high court.
4:50
Speaker 1: How long does that take? How much did it cost
4:52
Speaker 1: you to finally get them out? Okay. And then the
4:55
Speaker 1: other side, you who's staying in people's houses when you
4:58
Speaker 1: can't afford it. Like what goes through your mind? Like
5:01
Speaker 1: why don't, I don't have anywhere else to go. Well,
5:05
Speaker 1: darn it, Greg.
5:06
Speaker 6: Okay.
5:07
Speaker 5: Maybe at the beginning. So sometimes you find with tenants,
5:09
Speaker 5: something happens. So they can afford it for the first
5:11
Speaker 5: couple of months and then something happens. But the problem
5:14
Speaker 5: here is that you can't evict and you can't switch
5:19
Speaker 5: off water.
5:20
Speaker 1: You can't switch off lights.
5:22
Speaker 5: You're not allowed to do any of that stuff.
5:24
Speaker 1: So if I, okay, let's say I don't switch off
5:27
Speaker 1: water and I don't switch off lights and I just
5:28
Speaker 1: stop paying for it because I can't afford to pay
5:30
Speaker 1: it because I used to pay it with the money
5:31
Speaker 1: that you paid me. Then what happens? Can they take
5:34
Speaker 1: me to court so that I can reinstate their services?
5:38
Speaker 7: Probably.
5:38
Speaker 1: I know. Probably, I promise you.
5:44
Speaker 2: Can I chain myself to the doors in protest?
5:48
Speaker 1: Yeah, they just step over you.
5:49
Speaker 2: It's a lot of me to step over. I'll tell
5:54
Speaker 2: you what I would do.
5:56
Speaker 1: Send us a voice note 084-00-00-947. Are you as annoyed
6:01
Speaker 1: as I am about the situation? Okay. Have you been
6:05
Speaker 1: in a similar situation? Have you heard of somebody? Are
6:06
Speaker 1: your dad, your mom, your colleagues, anybody who was faced
6:10
Speaker 1: with a tenant that wasn't paying but also doesn't want
6:12
Speaker 1: to leave? Because where we come from, guys, if you
6:15
Speaker 1: can't afford it, then leave. Go to a place that's
6:18
Speaker 1: 20,000 and not 60.
6:19
Speaker 2: Go to another area.
6:20
Speaker 3: You know, sometimes you just need to go look in
6:22
Speaker 3: another area for a house the same size, for less.
6:25
Speaker 1: Guys, that house is so big, it's an upstairs. The
6:27
Speaker 1: audacity to walk upstairs every single day, yeah, when you
6:31
Speaker 1: don't have the money.
6:32
Speaker 3: Do you think they text Connie and say, oh, by
6:34
Speaker 3: the way, some of the finishes, eh?
6:36
Speaker 2: They need a bit of work.
6:37
Speaker 8: Eh?
6:37
Speaker 1: Overlooking on the balcony, over the terrain. Eh? What a
6:42
Speaker 1: fresh morning it is, you say on Twitter. Knowing full
6:45
Speaker 1: well that we haven't paid rent in over a year.
6:47
Speaker 9: Yeah, there's only one solution here. Just bring in another tenant.
6:53
Speaker 9: They co-share the house.
6:54
Speaker 6: Sure, the Ferguson house was humongous. I remember seeing it
6:59
Speaker 6: on Property 24 when it was for sale. Sure, no
7:03
Speaker 6: wonder it rents for $ 65, 000.
7:04
Speaker 2: Anna Lekepko needs to call us. She must call us.
7:08
Speaker 2: We'll do the eviction. She must not worry.
7:11
Speaker 9: Our phone LNJ will be there around 12 midnight.
7:14
Speaker 1: We had a house in Cape Town and we had
7:17
Speaker 1: tenants that wouldn't get out.
7:18
Speaker 6: And my mom, who was like in her 60s at
7:20
Speaker 6: the time, rocked up.
7:22
Speaker 7: And just started packing their stuff.
7:25
Speaker 2: Yeah, got them to move out.
7:26
Speaker 7: It was absolutely crazy.
7:29
Speaker 1: I would rent the house out as an event for parties.
7:33
Speaker 2: So what, every Saturday?
7:35
Speaker 1: Every Saturday, my angel, every day, every day there'd be
7:38
Speaker 1: events there at the house. At all times of the day.
7:41
Speaker 1: I think it's my house. Yeah. It's our house now.
7:44
Speaker 2: Build a theme park on the lawn.
7:45
Speaker 1: Literally anybody who's like, oh, I need a place to
7:47
Speaker 1: do this. Oh, a book launch.
7:49
Speaker 5: You can also have painters. Just painters just come in
7:52
Speaker 5: who don't know how to work drop sheets.
7:54
Speaker 1: All the time. Somebody to fix the wall. No, we
7:57
Speaker 1: just want to. And then they just remove the garage door.
8:01
Speaker 1: There would just be people every day at your house. Midnight. No,
8:06
Speaker 1: this plumber can only work at midnight.
8:10
Speaker 4: The poor neighborhood is a convoy.
8:13
Speaker 5: Of taxis roaming around the house.
8:14
Speaker 1: And then you get a pet rooster. Everything. And then
8:19
Speaker 1: I'd need a place for my pet python to live.
8:21
Speaker 1: There you go, Scaly. Lynette, good morning.
8:26
Speaker 10: You're in Woodmead.
8:27
Speaker 1: Good morning.
8:28
Speaker 8: Hi, Annelie. I am so glad you're talking about this.
8:31
Speaker 1: Are you as upset as I am?
8:34
Speaker 8: You have no idea. I have got a very similar situation, although,
8:37
Speaker 8: I don't know, it's a little bit different. I have
8:40
Speaker 8: a house which I bought with my ex-husband some time
8:43
Speaker 8: ago in Woodmead. And we went through a divorce. The
8:46
Speaker 8: house was not paid for because he lived in it.
8:49
Speaker 8: And it went on auction. The person who bought it
8:51
Speaker 8: on auction didn't pay for it. So the bank asked
8:54
Speaker 8: me to go to the house to check if there's
8:56
Speaker 8: anybody there because it needed to be sold again. The
9:00
Speaker 8: person who had bought the house had moved tenants in
9:05
Speaker 8: and didn't pay the bank, which means the house is
9:08
Speaker 8: still in my name.
9:09
Speaker 1: So the house is still in your name?
9:12
Speaker 8: Yeah.
9:12
Speaker 1: Girl, somebody owes you some rent.
9:14
Speaker 8: Girl?
9:16
Speaker 1: Where's your ex-husband?
9:18
Speaker 8: Nobody knows.
9:20
Speaker 1: Okay, so because obviously he's also owed this rent because
9:23
Speaker 1: you guys say you own the house together.
9:25
Speaker 8: Together, exactly. But now two years I've been trying to
9:28
Speaker 8: get these people out the house. And this guy who
9:30
Speaker 8: does this, apparently it's a syndicate. This is what they do.
9:35
Speaker 2: What do you mean?
9:37
Speaker 8: So they professionally go to auctions, pay the deposit, but
9:44
Speaker 8: don't pay the actual bond. Move people into the house.
9:48
Speaker 8: The person who owns the house then can't get them out.
9:51
Speaker 1: Okay, but then if the house is legally in your name,
9:53
Speaker 1: you can go to them and say, yes, you can
9:55
Speaker 1: continue to live here, but you can't pay rent to
9:57
Speaker 1: them anymore. You have to pay the rent to me.
10:00
Speaker 8: No it's not happening i've tried.
10:01
Speaker 3: It so it's basically a form of similar to building
10:04
Speaker 3: hijacking yeah in a sense it.
10:06
Speaker 8: Is it's exactly right get busy with courts at the
10:09
Speaker 8: moment i've been to court in the last two months
10:11
Speaker 8: so this.
10:12
Speaker 1: Person that you are now fighting do they also rock
10:15
Speaker 1: up to court.
10:17
Speaker 8: Yes, they do. Yes, me, they challenge.
10:19
Speaker 1: And what does he say in God? Hey, guys.
10:21
Speaker 8: Hey, guys.
10:22
Speaker 7: Hey, hey.
10:24
Speaker 1: And he looks at you in your face.
10:25
Speaker 8: Hey, guys.
10:29
Speaker 1: And what is he saying? It's my house. It's not
10:31
Speaker 1: your house. You're not paying for it. Does he want
10:32
Speaker 1: his deposit?
10:33
Speaker 8: No, they're not talking about the house. They talk about
10:34
Speaker 8: everything else. I am harassing them. I am trespassing. And
10:38
Speaker 8: when I'm like, okay, so now I'm trespassing. Where am
10:40
Speaker 8: I trespassing? Whose property is it that you're living in?
10:43
Speaker 8: If I'm trespassing.
10:45
Speaker 5: So then what's the answer to that?
10:46
Speaker 1: Because you're technically not trespassing. You are the landlord.
10:51
Speaker 8: So now they have postponed and they postpone and they
10:54
Speaker 8: postpone in court. So that is never answered.
10:58
Speaker 3: So I'm curious, sorry, just legally about how, okay, someone's
11:01
Speaker 3: paid a deposit, but the property is still technically yours in.
11:05
Speaker 2: Terms of the law, right?
11:07
Speaker 3: So how does someone who hasn't taken ownership of the
11:09
Speaker 3: property even begin to have tenants move in And then
11:14
Speaker 3: collect rent.
11:15
Speaker 1: And get the keys.
11:17
Speaker 8: So he got the keys to the house because my
11:20
Speaker 8: ex-husband was living in the house at the time. And
11:23
Speaker 8: he came in there, scared him, telling him that he
11:26
Speaker 8: has bought the house on auction.
11:27
Speaker 1: Oh, I'm glad you divorced him. What kind of man
11:29
Speaker 1: gets scared out of his own house?
11:32
Speaker 10: And he left.
11:35
Speaker 8: Now I'm left with all of this. I'm sitting with
11:37
Speaker 8: a house that is 3.8 million that some idiot is
11:40
Speaker 8: living in.
11:41
Speaker 1: Do you still pay bond on it?
11:44
Speaker 8: I am supposed to. The bank tells me every month.
11:47
Speaker 8: I speak to the bank every month and I'm like,
11:49
Speaker 8: I'm not going to pay for a bond for a
11:51
Speaker 8: house I'm not living in. I'm not doing it.
11:53
Speaker 1: But also banks, don't banks have like big time lawyers
11:56
Speaker 1: and menacing people that can move you out of things?
11:58
Speaker 1: I think your bank should really be the one to
12:00
Speaker 1: get involved here because they've got the power. Like banks
12:04
Speaker 1: are powerful.
12:07
Speaker 5: It's absolutely shocking how helpless homeowners are in this country.
12:12
Speaker 5: It's her house on paper, guys.
12:14
Speaker 1: It is her house. Yes, he bought it at an auction, blah, blah, blah.
12:17
Speaker 5: But when you go to court, these people have illegally
12:21
Speaker 5: moved somewhere.
12:22
Speaker 1: Now you're helpless and.
12:23
Speaker 5: You're sitting with a 3.8 million rand home that you
12:26
Speaker 5: can do absolutely nothing in and somebody's possibly destroying.
12:30
Speaker 1: It kills me inside. Lynette, do you suspect.
12:38
Speaker 1: Like a dubious thing with the courts here, because also
12:41
Speaker 1: with this Matlanga Commission, we've also realized that even the
12:44
Speaker 1: courts are not to be trusted. So somebody could be
12:46
Speaker 1: purposefully frustrating you, paying off a magistrate, paying off a judge,
12:51
Speaker 1: paying off a court officer. Do you suspect that?
12:55
Speaker 8: So what has happened is that they did that with
12:57
Speaker 8: the police. In order for us to now be sitting
13:00
Speaker 8: in court the way we are, outside of the eviction order,
13:02
Speaker 8: which I'm currently applying for, which is going to take
13:04
Speaker 8: a year, by the way, They also have now taken
13:08
Speaker 8: out a protection order against me. So I'm fighting said
13:12
Speaker 8: protection order. And that was gotten through a corrupt policeman
13:16
Speaker 8: at Fenton Police Station, who apparently is being investigated also.
13:20
Speaker 1: There we go.
13:20
Speaker 7: There you go.
13:21
Speaker 1: There we have it.
13:22
Speaker 8: Yeah.
13:23
Speaker 1: And can I tell you something about Crooks? Hey, they
13:26
Speaker 1: know the law, hey? Yeah.
13:27
Speaker 10: Oh, yes.
13:28
Speaker 1: Oh, they know the law better than us people who
13:32
Speaker 1: do the right thing all the time. They know the law.
13:34
Speaker 1: And sadly, with South Africa, the law knows how to
13:37
Speaker 1: protect a criminal. Yep. Because what do you mean you're
13:40
Speaker 1: living in my house and now you have a protection
13:42
Speaker 1: order against me? What do you mean?
13:43
Speaker 3: I have such an illegal suggestion that I can't say
13:47
Speaker 3: it on the radio.
13:49
Speaker 1: Me and you both, Mbeile. Me and you both.
13:52
Speaker 2: I've got a huge question here.
13:54
Speaker 9: They don't allow the landlord to cut the water or
13:58
Speaker 9: the electricity because the tenants are not paying. But if
14:01
Speaker 9: you don't pay your water bill, you don't pay your
14:04
Speaker 9: electricity bill.
14:05
Speaker 2: They cut your electricity.
14:06
Speaker 11: We got the house from an estate and whatever. So
14:09
Speaker 11: there were family members that were staying there, obviously. So
14:13
Speaker 11: the sale went through. They were well away and so forth.
14:16
Speaker 11: We gave them like three months to say, you know what, guys,
14:19
Speaker 11: we understand you're staying here. You have to leave now.
14:21
Speaker 11: I would like to move into our house. Did these
14:24
Speaker 11: people not show us flame? Up until we went to court,
14:29
Speaker 11: I think it took us four years paying a bond, nothing.
14:32
Speaker 9: What?
14:33
Speaker 6: No, men, guys.
14:34
Speaker 2: This is ridiculous.
14:35
Speaker 1: This is ridiculous. And where do you think we're getting
14:39
Speaker 1: this money from? Because let's say, I think the assumption,
14:44
Speaker 1: especially around Connie, is the fact that, no, her husband
14:46
Speaker 1: left her that house.
14:47
Speaker 2: It's fully paid off. Yeah, no, she's got it. She's
14:49
Speaker 2: got it.
14:49
Speaker 5: Okay.
14:51
Speaker 1: No, it's not okay. But also, let's say Connie is
14:54
Speaker 1: paying the bond every month. Let's say she's paying R72, 000
14:56
Speaker 1: a month. Where do you think she must get it?
15:00
Speaker 1: And these ones were saying that they were in court
15:01
Speaker 1: for four years paying a bond. Where are you getting
15:03
Speaker 1: money to pay for a house for four years? Where
15:06
Speaker 1: must I be living when I'm paying R40, 000 for that
15:08
Speaker 1: house that I'm supposed to be moving into? And you
15:10
Speaker 1: won't get out. No, man. June, you're in Benoni.
15:15
Speaker 10: Good morning.
15:15
Speaker 7: Good morning.
15:16
Speaker 1: Is it a good morning, June?
15:17
Speaker 8: Is it?
15:20
Speaker 10: It's not a good morning, but I guess my friend
15:23
Speaker 10: was in the same situation and he had a bit
15:25
Speaker 10: of a solution that is, let me say, it's not pretty,
15:30
Speaker 10: like really legal, but.
15:31
Speaker 8: It's not illegal either.
15:32
Speaker 1: Oh, okay. You've got my attention.
15:36
Speaker 10: So he had tenants living in his house, it's a
15:38
Speaker 10: standalone house in Pinoni.
15:41
Speaker 8: They were there for like two years.
15:42
Speaker 10: And then for the last eight months, they were not
15:44
Speaker 10: paying rent. And it was excuse after another, excuse after another.
15:48
Speaker 10: And then eventually he said, you guys, clearly you can't afford.
15:51
Speaker 10: So I need you to move out. They refused to
15:54
Speaker 10: move out. And now, okay, we're talking about a lawyer here.
15:57
Speaker 8: He said, you know what?
15:58
Speaker 10: I don't have time to be going up and down
16:00
Speaker 10: with the court because this can take forever. And I
16:03
Speaker 10: don't have time to be going up and down. So
16:06
Speaker 10: I have a solution. This is what I'm going to do.
16:08
Speaker 10: So he went to the hostel in the township. Hired
16:15
Speaker 10: abo malume, you know, like those men.
16:19
Speaker 1: Yes, those ones.
16:22
Speaker 10: And then he told the family that, you know what,
16:24
Speaker 10: since you guys can't move out, I don't want to,
16:26
Speaker 10: because you say you have nowhere to stay. I'm not
16:28
Speaker 10: going to chase you out. But I have family members
16:31
Speaker 10: that need a place to stay. So you guys can
16:34
Speaker 10: stay with them. Yeah. So they'll be moving in. So
16:38
Speaker 10: now these three uncles, they come, they move in. They
16:42
Speaker 10: play Maskandi, two o'clock in the morning. They sit under
16:46
Speaker 10: the tree there, drinking their traditional beer the whole day,
16:49
Speaker 10: making noise. Their friends from the hostel also coming to
16:52
Speaker 10: visit them. Now they took the couple. They went to
16:57
Speaker 10: the police station to say, we've.
16:58
Speaker 8: Got an issue.
16:59
Speaker 10: We feel that our kids are not safe. This is
17:01
Speaker 10: the situation that's happening.
17:02
Speaker 1: Then take them somewhere where it's safe.
17:05
Speaker 10: And then the police, okay, they had to take statements,
17:07
Speaker 10: find out, okay, who are these people? What do they
17:10
Speaker 10: want here? Why are they staying here?
17:11
Speaker 2: They live here, like you.
17:13
Speaker 10: And then the owner of the house, like my friend,
17:15
Speaker 10: is like, you know what?
17:16
Speaker 8: I can't chase them out.
17:17
Speaker 10: They have nowhere to stay. But I also have family
17:19
Speaker 10: members that have nowhere to stay. So they can stay together.
17:22
Speaker 10: And my Malumas don't mind.
17:24
Speaker 8: Staying with them.
17:25
Speaker 1: They're okay with it.
17:26
Speaker 10: They're okay with it. So they can stay there in
17:29
Speaker 10: the house, share the house. This Malume, they made their
17:32
Speaker 10: place to be inhabitable. Like there was no way you
17:35
Speaker 10: can stay there. Leave on the floor, leave in the
17:38
Speaker 10: bathroom dirty. It was a mess.
17:40
Speaker 1: Finishing the hot water. That's the quickest way to get
17:43
Speaker 1: rid of people. Just finish the hot water all the time.
17:45
Speaker 10: It took them less than a week. They moved out
17:47
Speaker 10: because they were supposed now to be the ones that
17:49
Speaker 10: are taking him to court. He said, no, I'm not
17:51
Speaker 10: going to be going through the legal way because I know.
17:54
Speaker 1: It's going to take forever.
17:56
Speaker 10: So I'm just going to make the place inhabitable and
17:58
Speaker 10: then they will move out. So in a week, they
18:00
Speaker 10: were out.
18:01
Speaker 1: Yeah, I get what you're saying. It's like, it's not illegal,
18:04
Speaker 1: but it's not illegal.
18:05
Speaker 10: It's not illegal either.
18:07
Speaker 1: It's great. It's great.
18:09
Speaker 10: It's somewhere there.
18:09
Speaker 1: Somewhere there.
18:11
Speaker 10: But it works.
18:13
Speaker 1: Partly cloudy with a chance of police. June, thank you
18:16
Speaker 1: for the call. Let's speak to Hector Chabalala, who is
18:20
Speaker 1: a litigation attorney from Tonkin Clancy Attorneys. This is his forte.
18:25
Speaker 1: This is what he's good at. I just want to
18:26
Speaker 1: find out. Hector, good morning. Welcome to Anel in the Club.
18:30
Speaker 1: Why does it take so long?
18:34
Speaker 7: Good morning, Annalen and the team. Thank you so much
18:37
Speaker 7: for having me. It's unfortunate that our legal system does
18:44
Speaker 7: take long. And, well, it will depend on several factors
18:49
Speaker 7: when you're doing an eviction application. It will depend on
18:52
Speaker 7: whether the tenant is opposing the application or or is
18:57
Speaker 7: not opposing the application. It will slightly take shorter if
19:02
Speaker 7: they're not opposing the application, but in most circumstances, they
19:06
Speaker 7: will oppose the application because they have the right to
19:08
Speaker 7: do so.
19:09
Speaker 1: Why do they have the right to do so?
19:11
Speaker 8: It's the law.
19:12
Speaker 7: It provides for such a right, you know. So there's
19:17
Speaker 7: the PIE Act, which is the Prevention of Occupation Act.
19:23
Speaker 7: So this came because landlords would abuse their powers when
19:29
Speaker 7: it came to dealing with tenant disputes. So that is
19:35
Speaker 7: why it is.
19:36
Speaker 1: So, okay, fine. So let's say you are renting my
19:41
Speaker 1: house and it's R30, 000 a month and I'm paying a bond.
19:45
Speaker 1: I'm servicing a bond with the money that you pay.
19:48
Speaker 1: So I'm paying R35, 000. Rand to F & B, home loans, whatever, right?
19:53
Speaker 1: And you now stop paying me, and then I can't
19:57
Speaker 1: service my bond. Then in that case, as the landlord,
20:00
Speaker 1: what protection do I have from A, being blacklisted, to
20:04
Speaker 1: that my house getting repossessed, and then I don't have
20:07
Speaker 1: an asset and you don't have a place to live.
20:08
Speaker 1: So this law that protects these tenants... What does it
20:12
Speaker 1: say about a situation like that?
20:15
Speaker 7: Yeah, I can understand it's very frustrating for landlords, but
20:20
Speaker 7: you must always understand the bond that you have between
20:26
Speaker 7: you and, for example, F & B. It's between you
20:30
Speaker 7: and F & B and it has nothing to do
20:32
Speaker 7: with the tenant. So I always advise landlords to always
20:37
Speaker 7: assume the position of a businessman or woman. And unfortunately,
20:43
Speaker 7: as a property mogul, those are the risks of, you know,
20:48
Speaker 7: doing long term rentals.
20:49
Speaker 1: I'm not a mogul, I have one apartment.
20:52
Speaker 4: Okay, but then Hector, is there no law or whatever
20:55
Speaker 4: situation that we can put in place that while we're
20:57
Speaker 4: fighting each other, of course, let no one occupy the property?
21:03
Speaker 7: Please come again.
21:04
Speaker 4: Is there no law or anything that we can do
21:06
Speaker 4: that while we're still going through these back and forth
21:09
Speaker 4: court appearances and whatnot, is there not anything we can
21:11
Speaker 4: do to say that then let no one occupy the
21:13
Speaker 4: property at all while we're going back and forth?
21:15
Speaker 2: Because seemingly these things are taking two years, three years.
21:18
Speaker 10: No, there isn't.
21:19
Speaker 7: You must go through the process. But I should say
21:22
Speaker 7: for landlords, they must always act quickly. So you must
21:26
Speaker 7: not wait until, you know, areas are like five months
21:29
Speaker 7: and then you want to act. And another thing, guys...
21:33
Speaker 7: Landlords are quite negligent in that they just leave everything
21:38
Speaker 7: to be dealt with their estate agent. And let me
21:40
Speaker 7: tell you the truth, estate agents are great at selling properties,
21:44
Speaker 7: but they are terrible at managing them. So you as
21:50
Speaker 7: a landlord don't even know the terms of the lease
21:54
Speaker 7: or anything. As estate agents, once there's a dispute, trust me,
21:59
Speaker 7: they're running away because there's more money involved and then
22:01
Speaker 7: you're going to have to go to lawyers now and
22:03
Speaker 7: that's going to be more expensive. So that's one thing.
22:07
Speaker 7: And I can tell you this, most of the hijacked properties...
22:12
Speaker 7: in Johannesburg, of which something that I deal with, have
22:15
Speaker 7: been hijacked through estate agents because they are not.
22:20
Speaker 10: Trained to deal with disputes.
22:22
Speaker 7: So once there's a dispute, they simply vanish. And now
22:26
Speaker 7: as they vanish, so imagine a middleman vanishing. There's a
22:31
Speaker 7: lot of information that goes missing in that process and
22:34
Speaker 7: now everything just becomes more complicated. So, must do their
22:41
Speaker 7: due diligence and be actively involved in their properties.
22:45
Speaker 1: Thank you for your time, Sir Hector Shabalala, Litigation Attorney
22:48
Speaker 1: for Tonkin Casey Attorneys.