document.frmCalc.txtBdeeds.value = ""; //seller is a natural person Interim rent is only payable when a party makes an application to the Court for interim rent to be determined. If the notice period lapses without the tenant making any payment, the landlord may choose to proceed to issue a summons with an automatic rent interdict. }

monthly_int_rate = int_perc / 12; THREE TYPES OF SUMMONS (same as High Court): SIMPLE SUMMONS (liquidated claim or demand), COMBINED SUMMONS (unliquidated) and . Judgement by default 13 . The application can be made by the landlord himself/herself on an urgent basis or alternatively by someone on their behalf (e.g. particulars of claim endorsed hereon which are subject to the plaintiff's hypothec for rent until an order relative thereto shall have been made by the court. document.frmCalc.txtAmt2.focus() Combined Summons. var AmtTXfer2 = 1300; It is important to note, that the success of these remedies is dependant on the specific circumstances you face as a landlord there is no “one glove fits all” scenario and should the landlord wish to pursue their hypothec, an experienced attorney should be consulted. var thefraction = ""; document.frmCalc.txtPurch2.value = addComma(remComma(document.frmCalc.txtPurch.value)); //TRANSFER COSTS purchase price document.frmCalc.txtTsearch.value = ""; document.frmCalc.txtRepay.value = "";

function CalculateTransferFees(MustUpdate) { document.frmCalc.txtTpost.value = ""; In places where there are three or more attorneys or firms of attorneys practicing independently of one another, the physical address shall be within 15 kilometres of the courthouse. Information about the procedure a landlord must follow in order to take a tenant to court for rent arrears, special rules for social housing landlords, notice periods, what happens and a court hearing and the type of orders a judge can make. }

tot1 = CalculateTransferFees(1); J789 - Form 3. var tot1 = 0; This article is aimed at bringing awareness to the subject of the landlord’s hypothec and specifically how it is practically implemented in our courts. document.frmCalc.txtBdocfee.value = addComma(Bdocfee);

with (document.frmCalc) { DATED AT JOHANNESBURG ON THIS THE 2 oI DAY OF MARCH 2016. Â.

int_perc = i / 100; In order to enforce this right, the landlord engages an attorney to issue a rent interdict summons. Items that cannot be attached by the sheriff is among others, the necessary beds or clothing of the debtor, necessary furniture and/or tools used for the debtor’s trade. tot3 = CalculateRepayments(0);

var runTotal = 0;

It was further alleged that the applicant was in arrears with the rent and had also failed to pay certain municipal charges which she was obliged to pay.

function addComma(TheNum) { x = Math.ceil((Amt - 5000000) / 100000); If an interdict is being sought simultaneously, we expect your client to state in their statutory statement that they seek to defend the power of arrest in addition to the interdict sought. //return Math.round(TheNum); The landlord does not need any court order to distrain for rent against a tenant when the rent is overdue. document.frmCalc.calcOption.value = ""; Von Weilligh and … document.frmCalc.txtTvat.value = addComma(tvat); Another word for interdiction. Lease definition: A lease is a legal agreement by which the owner of a building, a piece of land, or... | Meaning, pronunciation, translations and examples 74 Oxford Road, Corner 8th Avenue . Household effects from the leased premises is. Automatic rent interdict: Purchase 1) When a summons is issued in which is claimed the rent of any premises, the plaintiff may include in such summons a notice prohibiting any person from removing any of the furniture or other effects thereon which are subject to the plaintiff's hypothec for rent until an order relative thereto has been made by the court. Interdicts can be Interim or Final in Nature each of which will be briefly explained below. Proper usage and audio pronunciation (plus IPA phonetic transcription) of the word interdict. } } It allows you to seize assets belonging to the tenant to sell to recover rent arrears. This article will address the following –, In South African law, the landlord’s hypothec is recognised as a form of real security much like in the Roman and Roman-Dutch era and has been around for centuries. 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. We are working on resolving the issue and will notify you once we are back up and running again.

function addCommaEx(TheNum) { x = x + (Amt - 10000000) * (13 / 100); document.frmCalc.txtTtariff.value = addComma(tc); Thus included in an arrear rental Summons is an Automatic Rent Interdict. } Nonpayment of Rent – Once rent is past due, ... meaning the tenant will have to move out. If not demanded, the applicant and/or landlord will have to prove to the Court that if the property is not attached immediately that the tenant may abscond from the property (or the country) or remove the moveable’s in order to avoid the payment of rental and as such the landlord will suffer damages. var AmtBondC4 = 325;

Reply to the Summons Letter. monthly_int_rate = int_perc / 12; With Acts you are guaranteed the latest and most up to date resource for your legislative needs.

/********* Bond Conveyancing Tariff Fee */

attorney’s fees, sheriff’s costs, auction costs, demand for items) and the landlord needs to prove that there is a reasonable belief that the tenant will abscond or remove the items very shortly. if (document.frmCalc.rdg[0].checked) { for (i = j; i < j + 3; i++) { thefraction = thefraction + tvar.charAt(i); } } else { //no period found thefraction = ".00"; } j = numVar.length; for (i = j; i > 0; i--) { alert("Please enter a purchase price.") }

if (numVar.charAt(i - 1) != " ") What does interdict mean? You must then go to the Court and file a formal Complaint about Unlawful Detainer to get the tenant out. return TheNum; }

Together, these two options afford the landlord with tangible protection leading up to getting a judgment for the outstanding rental and allowing the landlord to perfect the hypothec once same has been received, thus mitigating some of the loss/damage the landlord has sustained.

exam = 0; … document.frmCalc.txtTtotal2.value = document.frmCalc.txtTtotal.value; //transfer cost breakdown total The proceedings are founded in civil litigation and are based on the terms and conditions of the lease agreement. If landlords choose to serve the tenant first, then they must file the summons and complaint with the court within 10 days of the date the summons and complaint were served on the tenant. }

/********* Define VAT Values ***********/

b. } 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. var tot1 = 0; j = thenumber.length; numVar = String(TheNum);

function GetTxferDuty(Amt) { }

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. Please be advised that our internal servers are down. } else { var j = numVar.length;

document.frmCalc.txtBevaultfee.value = addComma(Bevaultfee); } document.frmCalc.txtPurch.value = ""; Home » Requirements for interdict Requirements for interdict Kagandi v Muzunze N.O & Anor (HMA 63-20, HC 283/20 Ref Case No. if (remComma(document.frmCalc.txtAmt2.value) == 0) { document.frmCalc.txtBtotal2.value = document.frmCalc.txtBtotal.value; //bond cost breakdown total Interdicts can be brought by way of the action procedure entailing a Combined Summons with the accompanying Particulars of Claim, should facts be in dispute between parties It is to be noted that the action procedure is rarely used in the bringing of Interdicts. document.frmCalc.txtBaktex.value = "";

int_perc = i / 100; var monthly_int_rate = 0; month_term = 12 * y;

Once a claim has been lodged, a summons must be issued within five years from the date on which the accident occurred. ~The automatic rent interdict This provides that when a summons is issued for arrear rental, the plaintiff may include in the summons, a notice prohibiting anyone from removing household effects from the leased premises until an order dealing with such goods has been made by the court, the notice in the summons servers automatically as an interdict, forbidding anyone … 3-15 days. Learn more. } var monthly_int_rate = 0; 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. }

In the answer, provide in writing your defenses to the lawsuit. A functional aspect of an automatic rental interdict is that it allows a landlord to include in his/her summons whereby he/she claims the outstanding rental owed, a specific notice forbidding or interdicting the unpaying tenant from removing any furniture and/or any effects thereto until such time as the debt is extinguished and/or the landlord agrees to allow the tenant to remove the items. for (i = j; i >= 0; i--) document.frmCalc.calcOption.value = 1; Some think that the term interdict is properly applied only to orders of abstention, because it is derived from the verb 'interdicere,' meaning to denounce or forbid, and that orders of restitution or production are properly termed decrees; but in practice they are all called interdicts, because they are given 'inter duos,' between two parties.. Summons and return same to the Registrar with whatsoever you have done thereupon. var Bevaultfee = 390; She went to court with a copy of the warrant, a copy of the letter to the landlord explaining all of the repair problems, and her rent money to file an order to show cause. Moreover, the auction in itself can also be an expensive stage in the process, sometimes exceeding the value of the goods removed from the premises. The court issues this document and then the sheriff goes to your house and writes up a list of your movable belongings. document.frmCalc.txtEmail.value = ""; HC 263/20) [2020] ZWMSVHC 63 (06 November 2020); document.frmCalc.txtAmt2.value = addCommaEx(remComma(document.frmCalc.txtAmt2.value)); } }

J787 - Form 2A. Summons and interdict. j = thenumber.length; The tenant has not paid the rent they owe, and yet they are still living in your rental property. It is important when you receive your bill that you ensure you are in receipt of all eligible discounts or exemptions. Such assets will then be sold on auction by the Sheriff, in order to recover the outstanding amount. This section allows for an interdict to prevent removal of furniture or other effects subject to a landlord’s hypothec for rent where a summons is issued claiming the rent for any premises.

v = remComma(document.frmCalc.txtAmt2.value); //bond amount document.frmCalc.txtBpost.value = addComma(Petties);

document.frmCalc.txtBtotal2.value = document.frmCalc.txtBtotal.value; //bond cost breakdown total

for (i = j; i > 0; i--) { if (remComma(document.frmCalc.txtAmt.value) == 0) { } document.frmCalc.txtTduty.value = "";

function CalculateAll() { var Petties = 950; household effects from the leased premises is included in the summons this. The summons may contain an automatic rent interdict to prevent the tenant from removing any of the lessee’s possessions from the property (once default judgment or summary judgment is granted, a warrant of execution is issued and the Sheriff can then sell these possessions at a sale in execution in satisfaction of the arrear rental).

if ((numVar == ".00")) { tot3 = CalculateRepayments(1);

return bond; SA’s Top Rental Property Law Firm and recipient of 57 international awards.

function UpdateBondCalcOnly(MustUpdate) { Eviction lawyers exists to protect all parties, not only tenants. x = 0; firstrand bank limited second defendant . For more information, read the article Rent Court and Eviction Cases. The eviction hearing will be held no earlier than 3 days, nor later than 15 days, after the date the summons was served on the tenant. THE NEW ECONOMIC RIGHTS ALLIANCE Plaintiff . var tot2 = 0; }

High Court proceedings may be brought by way of either action or application. }

tot2 = CalculateBondFees(1); Essentially, it is security made against a debt incurred by the debtor and as it is tacit it is an accepted part of our law and does not need to be agreed to, for example, in the lease agreement. document.frmCalc.txtAmt.value = addCommaEx(amt); var x = 0;

Ex parte is a Latin term which means “sole interested party”. In the event that the tenant does indeed remove the items from the leases property without the landlord’s consent, the tenant can be held in contempt of court or alternatively even be brought up on theft charges. y = document.frmCalc.txtTerm.value; //years

A letter from a specialised rental property attorney, as opposed to a debt collector, credit bureau or collections attorney, is the answer – and it can result in an immediate response from a tenant. In short it can be said that should all factors required for a final interdict as listed above be present the interdict should be granted by the Court. document.frmCalc.txtTtariff.value = "";

function CalculateRepayments(MustUpdate) { var bvat = 0; tvat = GetVat(tc + Petties + SearchFee + Tdocfee + Evaultfee);

bond = 0; if (Amt <= 100000) { txfer = 4300; } x = 0 if (txfer == 0) { if ((Amt > 100000) && (Amt <= 500000)) { txfer = txfer + 4300; x = Math.ceil((Amt - 100000) / 50000); txfer = txfer + (x * AmtTXfer1); } if ((Amt > 500000) && (Amt <= 1000000)) { txfer = txfer + 9500; x = Math.ceil((Amt - 500000) / 100000); txfer = txfer + (x * AmtTXfer2); } if ((Amt > 1000000) && (Amt <= 5000000)) { txfer = txfer + 16000; x = Math.ceil((Amt - 1000000) / 100000); txfer = txfer + (x * AmtTXfer3); } if (Amt > 5000000) { document.frmCalc.txtTexam.value = ""; if (Amt <= 900000) { txfd = 0; } //looks good if ((Amt > 900000) && (Amt <= 1250000)) { x = (Amt - 900000) * (3 / 100); txfd = x; } if ((Amt > 1250000) && (Amt <= 1750000)) { x = 10500; x = x + ((Amt - 1250000) * (6 / 100)); txfd = x; } if ((Amt > 1750000) && (Amt <= 2250000)) { x = 40500; x = x + (Amt - 1750000) * (8 / 100); txfd = x; } if ((Amt > 2250000) && (Amt <= 10000000)) { x = 80500; x = x + (Amt - 2250000) * (11 / 100); txfd = x; } if (Amt > 10000000) { 4 . var thenumber = "" var tot2 = 0; In some cases the landlord may be able to recover the legal costs for the process, although this would only be if the lease agreement makes provision for this. 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