KVV Inc. Attorneys

Eviction Refused – Landowners, Unlawful Occupiers and the “Just and Equitable” Test

KVV Inc Attorneys

Published on: 04/03/2025

PIE prioritizes vulnerable individuals' right to housing over full property ownership rights in just and equitable circumstances. Even when legal processes are followed, courts may deny evictions if deemed unjust. This case highlights that despite lawful ownership and following PIE procedures, a court can refuse eviction based on factors like age, long-term occupancy, disability, and reliance on past assurances, prioritizing human dignity over property rights. Landowners must carefully consider potential occupier rights before purchasing and seek professional advice to navigate these complex situations.

Property

Landlords: You Cannot Cut a Defaulting Tenant’s Water and Electricity

KVV Inc Attorneys

Published on: 04/03/2025

Landlords cannot take the law into their own hands. Even if a tenant isn't paying rent, landlords must not cut off utilities or change locks. A recent court case highlights this, with a landlord ordered to restore services and pay legal costs after doing so. Courts prioritize restoring the status quo, regardless of the tenant's right to occupy the property. Landlords must pursue legal channels for eviction and rent collection. Taking self-help actions can lead to costly legal battles and even criminal charges. A written lease is crucial for protecting landlord rights.

Property