Northdale couple turn to court for help to evict non-paying tenants

2019-11-01 15:00
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Pennyville residents protest

Residents of Pennyville in New Canada near Soweto burn tyres and barricade streets with rocks during evictions over a rental dispute.

A Northdale couple are struggling to evict a non-paying tenant from their duplex in Northdale and have turned to the Pietermaritzburg high court for help.

Feroz and Fathima Mahomed claim that Thokozani Ngcobo and her daughter Nontokozo Memela owe them R66 000 in unpaid rental, which is increasing as the months go by.

Mohamed added that the electricity and water account for the property, in Etna Place, is R9 156 in arrears.

Ngcobo took occupation of the place on November 1, 2010 in terms of a verbal agreement and agreed to pay monthly rental of R3 000, he said.

That same month she offered to buy the property and both parties agreed on a purchase price of R335 000.

Ngcobo paid a total of R125 000 as a deposit and was supposed to pay the balance of the purchase price but did not do so within the required timeframe.

He added that in January 2012, he put up the rental to R3 300.

He said he approached his attorneys, who wrote to Ngcobo demanding the rest of the payment for the purchase of the property. Another letter was sent cancelling the agreement.

Ngcobo then informed him that she was experiencing financial difficulties as a result of her business not doing well and that she was no longer in a position to proceed with the transaction, he said.

However, she said her daughter was willing to buy the property.

He and Memela then entered into a written agreement for her to buy the property, but the deal eventually fell through.

Ngcobo has failed to pay rental since August 2017.

He said he and his wife are being unjustifiably prejudiced as a result of the conduct of the tenant.

They continue to occupy the property and do not pay any rental.

Mohamed said that he has granted the woman and her daughter several opportunities to buy the property.

“However, they have consistently breached the terms of the sale agreements by failing to pay the full purchase price.

“As a result I am not in a position to register the transfer of the property into their names,” he said.

The eviction order should be granted because the women are in unlawful occupation of the property and are not paying rental.

He said the lease agreement he had with them has been cancelled.

The mother and daughter have been served with the required 30-day notice to vacate the property and have had ample opportunity to do so, but they did not, added Mahomed.

He added that alternative residential property is available to them.

Ngcobo owns a property in Edendale and Memela is employed at the Department of Transport and there is no reason why she will not be able to find alternative accommodation, he said. Mahomed added they will not be left homeless and destitute.

Ngcobo and Memela did not file replying papers.

The case has been adjourned to next year.

Read more on:    pietermaritzburg  |  rental dispute

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