Can Landlord Lock gates if Tennant does not pay?

The legal action "Mandament van Spolie"

Can Landlord Lock gates if Tennant does not pay?

Most property practitioners know the legal maxim that one may not take the law into one’s own hands. But how does this work practically? If a tenant breaches the provisions of the lease and a subsequent acknowledgment of debt, can the landlord lock the gate giving access to the premises as the tenant’s occupation was illegal? The judgment explains how the mandament van spolie, the action supporting the maxim, works in such a scenario.

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About the Author

Louwrens Koen

Louwrens Koen

Louwrens Koen was admitted as an Attorney in 1995 after completing his Blc LLb degrees from the University of Pretoria. He is also an admitted Conveyancer, Notary Public and University Guest Lecturer.

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