There is no longer a common law right for an owner to evict someone from their property. The Supreme Court of Appeal has determined that defaulting tenants, in other words, tenants who have not paid their rent, must be treated in the same way as all other illegal occupiers. This means that the owner or landlord must follow the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) (except in areas where the Extension of Security of Tenure Act (ESTA) operates) if they want to evict a tenant.

So, defaulting tenants are entitled to the same types of procedural protection before they are evicted, such as notice of the intention to evict as well as (at least) 14 days’ notice of the court hearing. This notice must also be sent to the municipality. The court will assess whether the person is an unlawful occupier and whether the owner has reasonable grounds to evict them. In its decision, the Court will take into account whether there is alternative accommodation available. (See Problem 1: Landlord applies for a civil eviction order; See Problem 3: Protecting dismissed farmworkers against eviction; (See Problem 4: Protecting labour tenants against losing land)

The Rental Housing Tribunal does NOT have the authority to hear eviction cases. A landlord cannot, therefore, begin an eviction proceeding at the Tribunal. This can only be done in an ordinary court of law.

Evicting a tenant without a court order (for example, changing the locks when the tenant is out) is now a criminal offence and the landlord could face a prison sentence. It is also an offence for the landlord to cut off water or electricity without a court order, sometimes called a constructive eviction.