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SERVICES | AMASEVISI

In our ‘team’ we have Legal Practitioners (Lawyers & Attorneys) and other Professionals who offer parallel solutions. Our website menu items LEGAL PRACTITIONERS and OTHER PROFESSIONALS offer a summary of services and will help you decide which type of service provider to use. Please review both pages. Afterwards, if you are still not sure who to use please ask for guidance using the Immediate Action Form on the Contacts Page.

 

FREE OR FEE? SIMAHLA OKANYE UHLAWULE?

For free services you could engage with an organization such as legal-aid.co.za or visit justice.gov.za for free information. Depending on your issue any of the following organizations might be appropriate and mandated to help for free:

  • The National Consumer Commission,
  • CGSO,
  • CCMA,
  • Housing Tribunal,
  • For insurance or banking issues, you should contact the appropriate ombudsman.

If you are looking to hire a Professional we guarantee that the fees quoted will be reasonable and you will not be charged anything until you have accepted a quote or entered into an engagement letter. Payment options will be communicated and might include hourly, per project, fixed rate or retainer. See a Cost Guideline HERE. The use of a Legal Practitioner or Court should be engaged with only once you have exhausted all amicable and free options, or if the matter at hand needs legal guidance and an expert to expedite a solution.

E-CONSULTS

An E-Consult is an effective way to receive expedited support for select, once off or ad hoc matters. Please visit the menu item for more information on this process. CLICK HERE

 

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South African Working days. No public holidays.

  • Monday-Thursday from 09h00-13h00 and 14h00-16h00.
  • Friday 09h00-13h00.

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Pay Your Rent or Get Evicted

- Featured article by LAWYERS-ONLINE.CO.ZA

Are there any circumstances under which a tenant can withhold rent?

One of the most common reasons for wanting to evict a tenant is due to late or no payment of rent money.

Some tenants withhold rentals for good reasons and others use excuses because they do not have the money to meet their rental obligation.

Whatever the reason, tenants who do not pay their rent are most likely to face eviction. Tenants need to be made aware that they cannot withhold payment as a means of rectifying the situation.

Making the choice not to pay your rent is a legal breach and even though the tenant is deprived of full use and enjoyment of the property in which he lives or their usage may have diminished, rent still has to be paid.

However, the courts have allowed for non-payment of rent under certain circumstances, but has to take the following considerations into account: the facts of the dispute, common law and the terms of the lease contract.

In the case of Ntshiqa v Andreas Supermarket (Pty) Ltd , 1996 (3) All SA 154 (Tk) – an important case in the South African law of lease - the tenant was entitled to withhold rent for one month to compel the landlord to perform.

The tenant’s use and enjoyment were disturbed by the landlord’s failure to maintain the property; the defects being necessary as the landlord had tampered with the electricity.

The Constitution also stipulates that all South Africans have the right to adequate housing.

Date: 20 th November 2013
Legislation: Rental Housing Tribunals
Rental Housing Act (50 of 1999)
The Constitution, 1996
Laws of Contract
Common Law
Consumer Protection Act (CPA)
Case Law: 1. Ntshiqa v Andreas Supermarket (Pty) Ltd, 1996 (3) All SA 154 (Tk)

Pay Your Rent or Get Evicted - Legal Information South Africa