Spoliation orders: This prevents a landlord or tenant from taking the law into their own hands by seizing goods. A spoliation order restores the property to the owner while waiting for a full hearing on the matter.

Interdicts: These are orders which would prevent a landlord or tenant from continuing with a certain action or require either party to undertake a particular action. The complaining party alleges that such an action, or the lack of an action, is an Unfair Practice.

Attachment orders: A landlord would usually try to get an attachment order for the tenant’s property once the Tribunal has determined that back rent owing to the landlord has not been paid and following an interdiction against the tenant.

Spoliation orders would generally be sought by the tenant against the landlord. Interdicts, however, are likely to be sought by either a landlord or tenant in various situations where one party is alleging that the other is committing an unfair practice. Attachment orders would usually be sought by a landlord against a tenant.

Examples:

Spoliation order: A landlord claims that a tenant owes him back-rent and removes a fridge that the tenant needs (which came with the house as part of the lease). The tenant can lodge a complaint with the Tribunal which can now make a Spoliation order forcing the landlord to return the fridge.

Interdict (a): A tenant allows rubbish to gather around the property and does not respond to requests to remove it. The landlord can apply for an interdiction obliging the tenant to remove the rubbish and to keep the property clean in future.

Interdict (b): The landlord makes frequent unwelcome visits to the rented house and the tenant feels harassed. The tenant can approach the Tribunal for an interdiction against the landlord obliging him to respect the tenant’s privacy (“quiet enjoyment.”)