CW
Cheslyn W

1 reviews | Active since Mar 2009

24 Mar 2021, 14:02

Landlord Involving a Third Party for ******* Evictions with no Legal Court Order

I have a Landlord in the Athlone, Cape Town area that is *******ly wanting to evict my family from his property during Level-1 Lockdown. He has now involved a third party claiming to be the "new tenant" and has signed a lease agreement with the landlord. This third party has approached me with the landlord and has told me that he paid the landlord a deposit to move into the property, but he wants us to leaves as soon as possible. He has also told me that I must not deal with the landlord anymore but to deal with him, the third party directly going forward. This all started at the end of March 2020, when Level 5- Lockdown started. At the beginning of lockdown, I have informed the landlord of my work status that it will be reduced and that I will have a salary cut due the Lockdown restrictions. I work in the Live Entertainment Indusrty. I emailed the landlord with all of this info and have attached letters from my employer requesting a suspension or reduction of all payments during the lockdown period. As per the law stating at the time, all rent must be paid, I discussed my salary cut with the landlord and told him that I was unable to pay the full rent but a portion of the rent instead of paying nothing. No agreement was made. So, I paid the landlord a R1000-00 every month since the start of Lockdown, to date. The landlord did not respond to any of this, but has been accepting my payment towards the rent, every month via EFT. At the end of December 2020, the landlord sent my wife and me, a WhatsApp message informing us that he cannot carry us any longer and that we need to vacate his property by the end of January 2021. The landlord wanted me to agree with the arrangement and I did not, but instead sent him a copy of the latest Government Gazette at the time, informing him of the National Disaster Act that was still active and that no-one should be evicted during Lockdown. The landlord's response was that he will have his Attorneys look into it. In January, close to the end of the month, the landlord's attorneys send me an email with a letter attached, informing me that I must vacate the property by the end of February 2021. After the email, the landlord came onto the property, and personally told both my wife and I, that he has now signed a lease agreement with a new tenant and they are moving in on 1 March 2021 and wants us gone before that happens. I did not agree with any of this. I tried to contact Legal Aid in Athlone, via telephone for advice and assistance and their response was that they cannot get involved unless the landlord has send a court order for the eviction. I was not allowed to enter the building without an appointment, which was only done by calling their customer care line. I called the number they gave me and I could not get to speak to anyone or make an appointment. On 10 March 2021, the landlord and the third party was on the property unannounced and confronted me by telling me what must happen. I was intermitdanted when the third party showed ma a gun and a knife that he had on him at the time. As much as I tried stating the facts, this third party person did not want to hear what I had to say. He was accusing me for using the Lockdown as an excuse not to move and that I was not in any position make say anything. Since then, this third party, has been hasrrasing my family and me weekly by phoning me, leaving absurd voice messages and swearing at me for not taking his calls. I have reported this incident several times to the SAPolice and was told that they cannot get involved as this is a civil matter must be taken up with the Civil Court. I went to the Civil Court at Wynberg Magistrate in Wynberg, Cape Town. They told me to contact Legal Aid in Athlone. The also gave me other numbers to contact which was UCT Law Dept. and Law Society at UWC. I had no lucky with either of them, besides I was advised by UCT Law to get a Protection Order from SAPS. I app**** for one and my application was denied. Recently, the third party again came to harras my family and me. I then called the SA Polioce and I opened an Intermitdation case against the third party and played the voice messages to the SA Police. I received a case number the same day of opening the case on 20 March 2021. On Monday, 22 March 2021, I received another SMS from SA Police that the docket of the case has now been closed and will be reopen with new evidence. No Detective from SA Police has contacted me with a follow up or questioned me about the case? My family and I desperately need legal help with this case. It seems that nobody wants to help but will only step in until somebody is injured or an attempted ****** has happened. By then, it will be too late...

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