WINDSOR RENTAL BOYCOTT: What rights do residents have against community movements?
WINDSOR – Legal Aid SA offers advice to those who may have been affected by the Windsor property sage.
What rights do tenants have if approached by any movement asking them to not pay their landlords?
The Communication Department of Legal Aid South Africa offers answers to this question which many residents in Windsor East and Windsor West have regarding a recent community movement.
1) What legal recourse do residents have if they are unhappy with the movement actions?
Victims can claim back monies from the people whom they gave it to. Successful enforcement of such a claim will depend on whether these people have monies or assets. In the event that the amount is in excess of R22 500.00, Legal Aid South Africa can assist such people if they qualify for legal aid.
If the amount is lower than this, victims can go to the local magistrates court to claim the monies through the Small Claims Court. The Small Claims Court is a forum where neither party is allowed to have legal representation and is aimed at adjudicating claims where small amounts are being claimed.
2) What can the tenants do if they are approached by the group?
Tenants should ask for their mandate documents. Tenants should then discuss and communicate with their landlord and confirm this arrangement.
If the landlord does not confirm this, tenants should not pay monies to this group as they have no mandate. It must be remembered that the tenant has an agreement with the landlord and that is the agreement they must adhere to, not another.
In general, rentals normally increase and thus if anyone says that the rental will decrease, a tenant should be sceptical and take this up immediately with their landlord before paying any monies to a third party. If this group threatens the lives of the tenants or makes them feel unsafe, they should contact local police immediately for assistance.
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What rights do residents have against community movements?
