Eviction and Rental Claims: A Practical Guide
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 diff
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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