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    25/03/2008 11:24 AM - (SA)
    'Illegal' Oude Molen tenants face eviction
    peng li-bao


    THE fate of Oude Molen tenants is hanging in the balance as a new development in the village looms.

    In a recent incident, a villager was evicted while she was still in hospital. The 36-year-old Aisling Deffense found herself locked out of her province-owned three-bedroomed apartment in the village, where she had lived and run an art studio for more than six years, after being discharged from hospital in January.

    "I realised the front door lock had been changed when I returned home from Valkenberg Hospital and my neighbours told me my three subtenants had been evicted by the property management division of the Department of Transport and Public Works."

    After Deffense hired a locksmith to open the lock, she was arrested by police for "housebreaking", but was released two hours later. Linda Knibbs, one of the evicted subte?nants, says, "On the day of the eviction, while Aisling was still in hospital, representatives from the property management division, escorted by police, asked us to leave the place immediately without showing an eviction order. "We were very scared, so we followed the order and moved out."

    Dougies Oakes, spokesperson for the Department of Transport and Public Works, explains: "We did not need an eviction order, because there was no valid lease agreement between the department and Deffense. However, we negotiated with the unlawful occupiers and they vacated the premises."

    But Deffense disagrees, showing People's Post an invoice sent by the department in November last year. The invoice clearly states Deffense owes the department R58 776,25, accumulated since 2004. Deffense claims she has the agreement, but it is locked in the apartment. "If no lease agreement exists, why should I pay rent?"

    Deffense says she paid rent for the first three years of living there, but stopped when she had apparently spent R160 000 on renovating the apartment, which she believes was the department's responsibi?lity.

    Says Oakes: "A commercial lease agreement for the purpose of an art studio was negotiated, but agreement on the terms between the parties could not be reached. For this reason, no valid lease agreement came into exis?tence. Therefore, her living on the premises was unlawful. According to our records, Deffense only made one payment of R700 in March 2006."

    According to Oakes, there are currently 41 cases with the state attorney for either reco?very of outstanding debt and eviction or recovery of rent in arrears at Oude Molen. The eco-village on the edge of the Black Ri?ver, formerly known as Valkenberg East, is undergoing an Environmental Impact Assessment for a proposed settlement.

    The province-owned site is set to be deve?loped with hundreds of new residential and commercial units being erected within the next few years.

    Local ward councillor Brian Watkyns says: "The property is in a state of transition with a lengthy rezoning process taking place. This does not suggest any urgency to evict te?nants."

    John Holmes, former chairperson of the Oude Molen Residents? Association, who has been living in the village for about ten years, says, "Some villagers did not pay their rent timeously due to various reasons.

    "We hope that instead of just kicking them out, we can help these people solve the problems."

    Deffense is currently living with other villagers and seeking legal assistance to regain access to the apartment.




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