Alida, a single mother of three children, lives in a rented council house. Her 75-year old disabled mother also lives with them.

The household survives on Alida’s income from occasional casual work, a child support grant for one child who is under 14 years and her mother’s state pension. For a long time now, Alida has not been able to keep up with her rent payments and has fallen into arrears of R2 500.

Alida has received a notice from the council saying that they are going to take steps to evict her unless she pays all her rental arrears. The council gives her 30 days to respond.

What Does the Law Say?

The council cannot evict Alida without a court order and the magistrate has to consider all the relevant circumstances of the family before granting an eviction order. (See: Problem 1: A landlord applies for a civil eviction order)

Under the Municipal Systems Act every municipality has to draw up and pass a by-law on credit control and managing debts. This should include provisions for arrangements for people who are in arrears, particularly for people who are indigent (living in poverty). It should say what penalties there are for people who default on any of their payments, including the disconnection of services or the eviction of tenants or owners.

Alida and her family fall into the category regarded as indigent and should therefore be protected by the council’s indigency policy.

(See: Providing Public Housing)

What Can You Do?

You can check whether the council followed all the proper procedures before sending Alida the 30-day notice of intention to seek eviction. There might have been breaches of the right to administrative justice in the process of administering the arrears payments.

Then you should check what protection Alida has under the council’s indigency policy. If the Council has not given her protection or has ignored the socio- economic circumstances of her family, you should write a letter stating how the council has failed to consider the circumstances of Alida’s case and asking them to withdraw the threat of eviction.