When Goodwill Between Family Turns Sour – Eviction

Eviction applications frequently pit the two sides of our society against one another. The applicant is invariably the property owner who has the resources necessary to access the civil justice system. The Respondent or unlawful occupier – often a person with little to no access to the resources necessary to oppose it.

What is often less debated, is a situation involving family members, where a family member allows another to occupy a property. These are not recorded in writing and do not always follow the correct processes. This causes massive problems in the family and also for future owners of the property.

In Philander v Makiet and Others,¹ concerned an appeal against the refusal to issue out an eviction order. This matter involved an agreement between family members.