For most individuals, the sale or purchase of a home is one of the major events in their lives, and probably the largest investment they will make. Experience has shown that they want to be assured that their transfer is in competent hands and that they will be kept updated of developments, especially any problem that may arise.

Our Offices practice in association with LINDA SMALBERGER ATTORNEYS.  Linda is an experienced conveyancer whose main branch is in Randburg, Gauteng.

BREAKING DOWN THE STEPS IN THE CONVEYANCING PROCESS

  1. Instruction. A conveyancer receives the instruction to transfer the property.
  2. Communication. The conveyancer communicates with the various role-players involved in the transfer process, such as the seller, purchaser, transfer and bond attorneys, municipality, bank, South African Revenue Service (SARS).
  3. Collection. Certain information and documents are required, such as the agreement of sale, deeds office search, existing deed, bond cancellation figures from the bank and so on. The conveyancer should continuously report to the various role-players about the progress being made.
  4. Drafting and signing. As soon as all the information and documents have been collected, the conveyancer will draft the transfer documents and request the seller and purchaser to sign them. These transfer documents will include a power of attorney and various affidavits.
  5. Finances. Financial arrangements include requesting an advance payment for the conveyancer’s interim account for certain expenses, requesting the bank guarantee, collecting the purchase price or deposit and so on.
  6. Transfer duty. Obtaining a transfer duty receipt from SARS, confirming that the tax relating to the transfer of the property has been paid by the purchaser.
  7. Clearance certificate. Obtaining a clearance certificate from the municipality, confirming that all amounts in respect of property have been paid for the last two years.
  8. Preperation. The conveyancer prepares for lodgement (submission) of the deed of transfer and other documents necessary for registration at the deeds office.
  9. Registration. Once the deed of transfer and other documents have been lodged it, takes the deeds office about 7 – 10 working days to examine these documents. If the deeds office is satisfied that the requirement for the transfer of property has been met, the deed of property is registered. The conveyancer will notify the various role-players of the registration.
  10. Accounts. Once registered, the conveyancer makes the necessary calculations and payments relating to the sale, for example, the estate agent’s commission, purchase price and so on. The conveyancer’s final account is also drawn up and sent to the purchaser and the seller for payment.

WE NOT ONLY TRANSFER YOUR PROPERTIES, WE SELL THEM AS WELL. ENABLING YOU TO LIVE THE DREAM.

We have Property Practitioners associated with our firm.

Izelle van Heerden has 15 years' experience in property and she specialises in river front and golf estate properties. She built her business on the principles of the love for property, style and estate living. Izelle strives to find clients locally and abroad the perfect property, enabling them to live the dream.

Lizel du Toit is in control of our rental department and has 17 years' experience in property while earlier employed in the Vaal Triangle. She is also our Office Manager and believes in quality client service and provides up to date administration of properties we manage.

PROPERTY MANAGEMENT SERVICES

RENTAL PROPERTIES ADMINISTRATION & MANAGEMENT

  1. Procurement and placement of suitable tenants.
  2. Drafting all documentation relating to the tenancy.
  3. Conducting inspections of rental property.
  4. Collecting the rent, drafting statements.
  5. Issuing of letters of demand.
  6. Co-ordination with the tenants.
  7. Attending to tenants’ queries and emergencies.

HOME OWNERS ASSOCIATION / BODY CORPORATE MANAGEMENT

  1. Meetings of HOA and/or body corporate attendance, minuting and administration.
  2. Keeping all records pertaining to the HOA or BC, as well as to meetings.
  3. Enforcement of body corporate rules and regulations.
  4. Maintenance plan and budget formulation.
  5. Advising on all aspects of the management and control of the body corporate.
  6. Other services related to a specific HOA or BC.

ESTATE MANAGEMENT

  1. Management of cleaners, gardeners, access controllers, security and maintenance personnel.
  2. Arranging and overseeing landscaping.
  3. Attending to all maintenance and repairs required from time to time, including in respect of fixtures, fittings and equipment.
  4. Facilitating any disputes which may arise with regards to owners/tenants amongst themselves or in respect of the common property.
  5. Retaining all documentation, warranties, contracts and information in respect of the common property.

EVICTIONS FROM IMMOVABLE PROPERTY

We have a proven track record with eviction applications.

The Rules and Laws that are relevant to lease agreements and upon which the Eviction Process in South Africa is based are as follows:

Prevention of Illegal Eviction From & Unlawful Occupation of Land Act No. 19 of 1998

Rental Housing Act No. 50 of 1999

Consumer Protection Act No. 68 of 2008

The eviction procedure is outlined in the Prevention of Illegal Eviction From & Unlawful Occupation of Land Act No. 19 of 1998 (PIE Act) and must be utilised to evict a tenant. Most eviction procedures will follow the normal eviction process but there are instances where an urgent eviction process may be granted. It is advisable to seek expert legal advice to determine the most appropriate eviction procedure to be followed for your matter.

It is necessary to distinguish between the process of terminating a lease agreement and the process of eviction. The lease agreement terminates when the lease agreement expires or if the tenant breaches the lease agreement and the landlord acts in terms of the lease agreement to take the necessary steps in terms of the lease agreement to cancel the lease agreement.

The eviction process, on the other hand, may only proceed if a tenant refuses to vacate the property following the cancellation or termination of the lease agreement. In order to remove a tenant or unlawful occupant from a property, an eviction order from a Court is needed. Only the court-appointed sheriff of the Court is authorised to evict a tenant from the property once the tenant has been served with an eviction notice.

THE SOUTH AFRICAN EVICTION PROCESS:

Week 1 – Week 3: The tenant or occupier is placed in breach of the lease agreement, and the lease is cancelled. Thereafter, an application to the court for eviction and payment of arrear rental is drafted, issued and served to the recalcitrant occupier.

Week 4 – Week 7: An ex parte application is launched to the court – no notice is given to the occupier. The court then orders the manner of service of the PIE Act notice.

Week 8 – Week 10: The application is set down for hearing and an eviction order is granted. The writ of ejectment is issued and failing the occupier vacating, the occupier is evicted by the sheriff of the court and the occupier’s movables are seized in settlement of the arrear rental.