Secure Your Landlord's Rights: Understanding Section 32 Orders and Rent Interdict Summonses

Secure Your Landlord's Rights: Understanding Section 32 Orders and Rent Interdict Summonses

Faehima Khan Faehima Khan

Faehima Khan

Admitted Legal Practitioner of the High Court of South Africa (Attorney)

发布日期: 2024年6月13日
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From the very first day a tenant takes occupation of leased premises, the landlord holds a hypothec over the tenant's assets on the property. However, this hypothec becomes legally enforceable only once a Court Order is obtained. Until then, the tenant can freely remove their assets from the premises.

To effectively elicit payment from a habitual defaulter and secure the landlord's hypothec, the best approach is to apply to the Magistrate’s Court for a Section 32 Order and simultaneously issue a Rent Interdict Summons.

Section 32 Order vs. Rent Interdict Summons

  • Rent Interdict Summons: This interdict prevents the tenant from removing any assets from the premises until the matter is resolved. It serves as a strong deterrent against asset removal and helps in securing the landlord's rights.
  • Section 32 Application: Beyond just interdicting the tenant from removing assets, this application can authorize the Sheriff of the Court to remove the assets. This prevents the tenant from making any surreptitious attempts to abscond with their goods, ensuring the landlord has security for their claim.

Why Act Now?

To protect your rights and secure your hypothec effectively, it is crucial to act promptly. Delaying action may give the tenant an opportunity to remove assets, leaving you without security for your claim.

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