Ordinary PIE proceedings
The typical residential eviction sequence
- Identify the legal regime and the occupiers. Check whether PIE applies, how occupation began, the people affected and whether any special statute such as ESTA may govern.
- Establish unlawful occupation. If occupation was originally permitted, review the lease and whether any contractual or statutory breach and cancellation requirements have been lawfully met.
- Prepare the court application. Gather title or authority, lease, notices and proof of delivery, chronology, household information and the relief sought. The correct court and parties matter.
- Obtain and serve the court-authorised PIE notice. Section 4(2) provides for written and effective notice of the proceedings to unlawful occupiers and the municipality at least 14 days before the hearing. The court controls the applicable method and directions.
- Attend the hearing. The court considers whether eviction is just and equitable, the duration of occupation, relevant vulnerability and alternative-accommodation circumstances where applicable, and the parties’ evidence.
- Implement a lawful order. If granted, the order provides for vacation and enforcement arrangements. The sheriff executes the order as legally authorised; the owner may not simply remove occupiers independently.
What makes the difference between an eviction and a rental claim?
Rent arrears and breach claims are contractual or monetary remedies. An eviction regulates physical occupation and engages the relevant statutory and constitutional safeguards. They may arise together but must not be confused. A notice demanding unpaid rent is not necessarily the separate PIE notice required for eviction proceedings.
What about commercial premises or farm occupation?
The nature and use of the property and the basis of occupation determine the correct regime. ESTA may protect certain rural or farm occupiers, while commercial premises may raise different questions. A correct assessment starts with the actual agreement and occupation facts rather than a one-size-fits-all template.