WINDSOR RENTAL BOYCOTT: Vermaak represents those saying no to rental boycott
WINDSOR – Greg Vermaak discusses the legality of collecting rent on another persons property.
Lawyer Greg Vermaak, from Vermaak and Partners inc is representing multiple property companies and private landlords (12 companies and 33 buildings) who are displeased with the activities of the Windsor Community Recovery Movement (WCRM) and the alleged rental boycott.
READ
“We are not the hijackers here”
Vermaak started off by stating that it is not illegal to complain or to raise concerns about rental issues. Any tenant or landlord is encouraged to approach the Gauteng Rental Tribunal. It is, however, illegal to collect rent on someone else’s property, notwithstanding attack or intimidation.
READ
Ward councillor does not condone Windsor Recovery Movement
What rights do residents have against community movements?
This is confirmed by the Prevention of Illegal Eviction and Unlawful Occupation of the Land Act [No.19 of 1998] which states:
- 3(1) No person may directly or indirectly receive or solicit payment of any money or other consideration as a fee or charge for arranging or organising or permitting a person to occupy land without the consent of the owner or person in charge of that land.
- 3(2) Any person who contravenes a provision of subsection (1) is guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding two years, or to both such fine and such imprisonment.
Vermaak applied for an interdict at the Johannesburg High Court, ‘to stop antisocial or unlawful behaviour’. They have obtained an interdict against the top 10 of the movement as well as the organisation itself.
“My clients’ buildings are well maintained. We served a letter to the attorney representing the movement with maintenance and repair schedules for their properties as well as a payment schedule,” said Vermaak.
He said tenants in arrears can pay off their debt (for June and July) in four equal parts, meaning monthly rental payments plus instalments for the months not paid, beginning on 1 August, September, October and November, must be made.
According to Vermaak, some clients had engaged with the movement in a private capacity without success for the tenant or owner.
“We have a large number of eviction applications against those who have joined this rental boycott and these matters will be in court within the next two to three weeks,” said Vermaak.
“We [intend] to bring an application to [get] the WCRM top 10 [sentenced to prison] for contempt of court on the basis that they continue to intimidate our clients’ tenants, and continue to illegally collect rent.”
ALSO READ:
