Fausto v Haotian and Others (18/44242) [2021] ZAGPJHC 419 (8 September 2021)

Fausto v Haotian and Others (18/44242) [2021] ZAGPJHC 419 (8 September 2021)

The respondents are unlawful occupiers as the lease agreement was validly cancelled due to non-payment of rent. The applicant complied with statutory requirements under the PIE Act for eviction. The lease agreement expressly prohibits improvements and excludes compensation, negating any contractual basis for a lien. The respondents' arguments regarding a 'rent to buy' arrangement, language proficiency, and alleged misrepresentation are unsupported and unmeritorious. No credible evidence was presented that the improvements increased the property's value or that a lien was established. The applicant is entitled to the relief sought, including eviction and costs.

Citation
[2021] ZAGPJHC 419
Parties
Applicant: Fausto Giuseppe Di Trapani; Respondent: Haotian Wu; Respondent: Illegal Occupants of Portion 2 of Erf [....]; Respondent: City of Ekurhuleni Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 September 2021
Case Number
18/44242
Procedural Posture
Eviction Application / Final Judgment
Outcome
Application granted. Respondents ordered to vacate the premises and pay costs.
Judges
Majavu
Legal Topics
Prevention of Illegal Eviction Act, Eviction Procedure, Lease Agreement, Lien Defence, Contractual Exclusion of Enrichment, Costs Award
Land and Property Civil Procedure Prevention of Illegal Eviction Act Eviction Procedure Lease Agreement Lien Defence Contractual Exclusion of Enrichment Costs Award

Case Brief

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Parties

Fausto Giuseppe Di Trapani

Applicant

Haotian Wu

Respondent

Illegal Occupants of Portion 2 of Erf [....]

Respondent

City of Ekurhuleni Metropolitan Municipality

Respondent

Procedural Posture

Eviction Application / Final Judgment

Legal Issues

  1. 1 Whether the respondents are illegal occupiers of the premises.
  2. 2 Whether statutory prerequisites for eviction under the PIE Act have been satisfied.
  3. 3 Whether the respondents have established a lien entitling them to remain in occupation until compensation for improvements is resolved.

Ratio Decidendi

The respondents are unlawful occupiers as the lease agreement was validly cancelled due to non-payment of rent. The applicant complied with statutory requirements under the PIE Act for eviction. The lease agreement expressly prohibits improvements and excludes compensation, negating any contractual basis for a lien. The respondents' arguments regarding a 'rent to buy' arrangement, language proficiency, and alleged misrepresentation are unsupported and unmeritorious. No credible evidence was presented that the improvements increased the property's value or that a lien was established. The applicant is entitled to the relief sought, including eviction and costs.

Court Disposition

Application granted. Respondents ordered to vacate the premises and pay costs.

Orders

  • The first and second respondents must vacate Portion 2 of Erf [....], Bedfordview Extension [....] Township, known as [....] D[....] Place, Concord Road, Bedfordview, by no later than 8 December 2021. Failing voluntary vacation, the Sheriff is authorised to enforce the order, including enlisting the South African...
  • The first and second respondents are ordered to pay the costs of the application on a party and party scale, including costs consequent upon the employment of counsel, the one paying the other to be absolved.