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Eviction and Rental Claims: A Practical Guide

Publication Language: English

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ISBN/ISSN: 080PRACEJESYS
Published: November 05, 2009
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R1,510.64
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Online
ISBN/ISSN: 9780409123661
Published: November 03, 2014
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R744.42
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Product details

The common law on eviction and rental of immovable property has undergone radical changes since the adoption of the Constitution and a number of subsequent legislative measures. Different statutes apply in different situations, and prescribe divergent and often confusing procedures.

At the same time, this branch of the law has become increasingly relevant, given the overwhelming housing problem that contributes to the increase of informal settlements; the economic downturn that places pressure on the rental market, and the rise in popularity of buy-to-let investment schemes. Eviction and Rental Claims: A Practical Guide aims to practically combine the various measures and to define and explain the common law and statutory measures that govern the law of eviction and rental claims.

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Table of contents

Chapter 1 - Eviction: Common law principles

Chapter 2 - Constitutional inroads

Chapter 3 - The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act

Chapter 4 - The relationship between the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act and the Extension of Security of Tenure Act

Chapter 5 - The Extension of Security of Tenure Act

Chapter 6 - The Land Reform (Labour Tenants) Act

Chapter 7 - Rent

Chapter 8 - The landlord's tacit hypothec

Chapter 9 - Common remedies and defences

Chapter 10 - The defence that the lessor has not mitigated his damages

Chapter 11 - Huur gaat voor koop

Chapter 12 - The defence of unlawfulness

Chapter 13 - The defence that the rent is undetermined

Chapter 14 - The defence of prescription

Chapter 15 - Preference of rent on insolvency

Chapter 16 - The Rental Housing Act

Chapter 17 - Miscellaneous eviction and rental claims-related measures

Chapter 18 - The Consumer Protection Act, leases and rental claims