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Eviction of tenants to go ahead

Publish date: 18 December 2006
Issue Number: 1730
Diary: Legalbrief Today
Category: In Court

The Durban High Court has ruled against a group of tenants of a block of flats who were trying to stop their eviction to make way for the expansion of City Hospital.

Judge Kevin Swain, says a report in The Mercury, said that while he had sympathy for the plight of the tenants, they had failed to furnish the court with vital information about their finances and ability to find alternative accommodation. The tenants of Lincoln Mansions brought a counter-application against the owner of the building, the Radprop Trust, after it had launched its own legal action to evict them. The trust had sold the building for the expansion of the adjacent hospital and a condition of the sale was vacant occupancy. The judge rejected the claim that the tenants had been promised their flats for life, saying there was uncontradicted evidence that the tenants had, in 2003, entered into a mediated settlement agreement regarding rental increases which stipulated that they were on monthly leases. Full report in The Mercury

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