The Ejectment Notice is a crucial document in South African property law, used when a property owner needs to formally initiate proceedings to remove occupants from their property. This document must strictly comply with the Prevention of Illegal Eviction and Unlawful Occupation of Land Act (PIE Act), the Constitution, and other relevant legislation. The notice is applicable in various situations, including breach of lease agreements, illegal occupation, or when the property owner requires vacant possession. It must include specific details about the property, parties involved, grounds for ejectment, and give reasonable notice periods. The document serves as evidence in court proceedings and must demonstrate consideration of occupants' rights and circumstances, particularly vulnerable individuals. Proper drafting and service of an Ejectment Notice is essential as it forms the foundation for any subsequent legal proceedings.
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1. Notice Details: Date of notice and reference number
2. Parties: Full details of the property owner/landlord (including registration numbers if a company) and the occupier(s)
3. Property Description: Detailed description of the property including physical address, erf number, and registration details
4. Grounds for Ejectment: Clear statement of the legal basis for the ejectment, including any breach of agreement or illegal occupation
5. Notice Period: Specified time period given to vacate the premises, in compliance with PIE Act requirements
6. Legal Rights Statement: Mandatory statement informing occupier of their legal rights under the PIE Act and Constitution
7. Date for Vacation: Clear specification of the date by which the property must be vacated
8. Consequence of Non-Compliance: Statement of legal actions that will follow if the notice is not complied with
9. Signature Block: Space for signature of owner/authorized representative and date
1. Previous Notifications: Reference to any previous notices or communications regarding the occupation, used when there is a history of notices
2. Alternative Accommodation: Information about alternative accommodation if required by circumstances or if vulnerable occupiers are involved
3. Payment Details: Information about outstanding payments or rental arrears, if applicable
4. Mediation Offer: Offer for mediation or dispute resolution, recommended in cases where negotiation might be beneficial
5. ESTA Provisions: Special provisions required under ESTA if the property is in a rural or peri-urban area
1. Proof of Ownership: Copy of title deed or other proof of ownership
2. Lease Agreement: Copy of lease agreement if applicable
3. Previous Notices: Copies of any previous notices or correspondence regarding the occupation
4. Property Condition Report: Current photographs or description of property condition
5. Proof of Service: Documentation showing how and when the notice was served on the occupier
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