THE PARTIES:- 1. 7 Village Walk Paulshof … Summons and interdict. The starting point for any landlord should be to pursue the rental debt by means of a rental interdict summons. In this regard, Section 31 of the Magistrates Court Act (“the Act”) sets out the process for pursuing and perfecting the landlord’s hypothec. Magistrate Court proceedings will be in the form of an Automatic Rent Interdict Summons. But it only becomes legally enforceable once a court order (known as a rent interdict summons) is obtained. Also can I add the cost of a loscksmith who provided my client with access to the commercial property after the … This is just a slightly different form of summons from the one referred to above. The summons may contain an automatic rent interdict to prevent the tenant from removing any of the lessee’s possessions from the property (once default judgment or summary judgment is granted, a warrant of execution is issued and the Sheriff can then sell these possessions at a sale in execution in satisfaction of the arrear rental). Does anyone have a precedent for a rent interdict summons that complied with the amendment to the magistrates court rules. This section allows for an interdict to prevent removal of furniture or other effects subject to a landlord’s hypothec for rent where a summons is issued claiming the rent for any premises. Commercial eviction proceedings can be brought by way of action or application. In order to enforce this right, the landlord engages an attorney to issue a rent interdict summons. In some cases the landlord may be able to recover the legal costs for the process, although this would only be if the lease agreement makes provision for this. The actual use of the property is the determining factor in establishing whether a commercial eviction applies to the tenant. High Court proceedings may be brought by way of either action or application. The plaintiff is THE NEW ECONOMIC RIGHTS ALLIANCE (NPC), [NewERA], a company incorporated and registered in terms of Section 21 of the Companies Act 61 of 1973, as amended with registration number 2011/, 0100074/08 as per certification of incorporation annexed hereto as “NE1”, which has its principal office at No. The landlord has issued us with a summons with an automatic rental interdict meaning we can’t take any of our stuff we have left. The proceedings are founded in civil litigation and are based on the terms and conditions of the lease agreement. Summons commencing action (in which is included an automatic rent interdict) Form 4 Notice under rule 9 (12) for substituted service Form 5 Request for default judgment Form 5A Request for judgment in terms of section 57 of the Act Form … Magistrate Court proceedings will be in the form of an Automatic Rent Interdict Summons. The court issues this document and then the sheriff goes to your house and writes up a list of your movable belongings. The summons also included an automatic rent interdict in terms of s32(1) of the Magistrates Court Act, 32 of 1944 (“ the Act ”). If the action to recover the arrear rent succeeds, the sheriff will serve the summons on the tenant, who has 10 business days to notify the court if he or she wishes to defend the matter. On the other hand, a property owner who sells a rented property is not allowed to throw out the tenant before the expiry of the lease agreement. 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