THE PARTIES:- 1. The actual use of the property is the determining factor in establishing whether a commercial eviction applies to the tenant. Magistrate Court proceedings will be in the form of an Automatic Rent Interdict Summons. In this regard, Section 31 of the Magistrates Court Act (“the Act”) sets out the process for pursuing and perfecting the landlord’s hypothec. The summons was in the form of a rent interdict summons provided for in section 31 (1) of the Magistrates’ Court Act, No 32 of 1944. The plaintiff is THE NEW ECONOMIC RIGHTS ALLIANCE (NPC), [NewERA], a company incorporated and registered in terms of Section 21 of the Companies Act 61 of 1973, as amended with registration number 2011/, 0100074/08 as per certification of incorporation annexed hereto as “NE1”, which has its principal office at No. Commercial eviction proceedings can be brought by way of action or application. Does anyone have a precedent for a rent interdict summons that complied with the amendment to the magistrates court rules. The landlord has issued us with a summons with an automatic rental interdict meaning we can’t take any of our stuff we have left. If the action to recover the arrear rent succeeds, the sheriff will serve the summons on the tenant, who has 10 business days to notify the court if he or she wishes to defend the matter. Summons and interdict. High Court proceedings may be brought by way of either action or application. Also can I add the cost of a loscksmith who provided my client with access to the commercial property after the … 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). This is just a slightly different form of summons from the one referred to above. Summons commencing action (in which is included an automatic rent interdict) Form 4 Notice under rule 9 (12) for substituted service Form 5 Request for default judgment Form 5A Request for judgment in terms of section 57 of the Act Form … In order to enforce this right, the landlord engages an attorney to issue a rent interdict summons. Magistrate Court proceedings will be in the form of an Automatic Rent Interdict Summons. 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. On the other hand, a property owner who sells a rented property is not allowed to throw out the tenant before the expiry of the lease agreement. 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. The starting point for any landlord should be to pursue the rental debt by means of a rental interdict summons. The summons also included an automatic rent interdict in terms of s32(1) of the Magistrates Court Act, 32 of 1944 (“ the Act ”). The court issues this document and then the sheriff goes to your house and writes up a list of your movable belongings. 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. 7 Village Walk Paulshof … The proceedings are founded in civil litigation and are based on the terms and conditions of the lease agreement. But it only becomes legally enforceable once a court order (known as a rent interdict summons) is obtained. Precedent for a rent interdict summons rent interdict summons complied with the amendment to the tenant is the factor. 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