What is a Spoliation Application and Why Should Landlords Be Wary of Them?
- Property Protect
- Mar 26
- 3 min read
What is a Spoliation Application and why might my tenant bring one against me?
In South Africa, a spoliation application is a legal remedy designed to protect a person’s possession of property. It is a fast-track court process that stops someone from being unlawfully dispossessed of their home, business, or other property—even before ownership disputes are resolved. In a spoliation application, the court only looks at whether the person was deprived of possession of something - it does not care whether that person owns it, or even if they were in lawful possession of it.
For landlords, that means the court doesn't care if the tenant hasn't paid rent. If you have deprived them of possession unlawfully, i.e. by evicting them without a court order, you will face a triple punishment:
First, the tenant can bring an urgent spoliation application against you. You will lose, and you will have to pay the tenant's legal costs of anywhere between R50,000 - R100,000 for this.
Second, the court will place the tenant back in the property and you will continue losing rental income.
Third, evicting a tenant without a court order is a criminal offence in terms of the PIE Act, and you will most likely have criminal charges opened against you. You could face jail time of up to two years and a fine.
Why a Tenant Might Bring a Spoliation Application
A tenant may approach the court with a spoliation application if they believe a landlord has unlawfully attempted to remove them from the property. This often happens in situations where a landlord tries to evict without following the correct legal procedures under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act). Even actions like changing locks, cutting off electricity, or physically removing belongings can trigger a spoliation application.
Costs Involved
Spoliation applications are urgent matters in court and generally cost more than standard eviction proceedings. Legal fees can range from R50,000 to R100,000 or more, depending on the complexity and the attorney’s rates. Courts may also order the losing party to pay costs.
Why Landlords Should Be Extremely Wary
A landlord who ignores proper legal procedures and attempts to forcibly remove a tenant can find themselves in serious trouble. Under the PIE Act, unlawful evictions can carry criminal liability, including fines or imprisonment. A spoliation order is powerful—it can immediately restore possession to the tenant, and failing to comply can escalate legal consequences.
In short, landlords must never attempt to “self-evict” a tenant. Even if the tenant is behind on rent, bypassing legal eviction procedures can lead to spoliation orders, costly legal battles, and potential criminal charges. The safest course is always to follow the formal eviction process with proper legal guidance.
Property Protect helps you evict your bad tenant legally, at the most affordable rates in South Africa. Sign up today to cut your losses and get your rental property producing income again.
If you're facing defence of a spoliation application by a tenant, contact us for immediate help.
The above information is for illustrative purposes only and does not take into account your specific circumstances. It therefore does not constitute legal or financial advice. Please contact us for comprehensive advice to address your circumstances. Under no circumstances should any person use the above information in an attempt to circumvent the provisions of legislation or contract, or to cause damage to any other person. Always ensure you and your company are in compliance with the law in all dealings. This information is accurate as of the date of publication. Property Protect is not insurance and does not pay out any claim amount. It is a Value-Added Service (VAS) provided at a discount, directly from our law firm. Prices valid for 2026 and subject to change. Prices exclude VAT unless otherwise stated. © 2026 Maybery Attorneys Inc. All rights reserved.
