With the shortage of affordable housing in Namibia we have many Namibians riding the “Rent Train”. Because of the shortage of affordable housing, many rental flats, town houses and free standing homes have become unaffordable, placing not only the Tenant at risk of not paying, but the Landlord at risk of not being able to pay their monthly bond payments.
With our current economic climate it is very easy to find yourself with a tenant that does not pay rent, or as a tenant being unable to pay your monthly rent.
As a Landlord what should you NOT do?
- DO NOT EVICT THE TENANT YOURSELF
- DO NOT RESTRICT ENTRY TO THE RENTED PROPERTY
- DO NOT PLACE LOCKS ON THE RENTED PROPERTY
- DO NOT DISCONNECT THE WATER AND ELECTRICITY SUPPLY
If you as Landlord do the above, you place yourself at risk of receiving a Court Order demanding of you to restore the status quo ( i.e remove locks, have tenant move back) and the Court may in all likelihood order you to pay the legal costs of your Tenant.
But why would the Court do this, after all it is your property and the Tenant is not paying rent?
In law we have a remedy called mandament van spolie (*my first and only legalase in this post- I promise).
In terms of the mandament van spolie remedy no person is allowed to forcibly remove any person from the use of an item for instance a flat, town house or loose standing house when that person/tenant is continuously occupying that property without first having obtained a Court Order.
The remedy may sound unfair especially when a tenant is living rent-free in your property and you are struggling to make ends meet. The remedy is however designed for purposes of promoting an organized society, where no person is allowed to take the law into their own hands and to minimise conflict.
Rather than resorting to taking matters in your own hands , engage a lawyer for legal assistance, there are legal remedies available to recover your rent, interest, legal costs and damages.
Are you struggling with a Tenant or a Landlord? Give us a call.
WILLIAMS LEGAL PRACTITIONERS (NAMIBIA)
+264 61 435 8239
caroltjies@gmail.com
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