June 2010 - Levy And Rental Defaulters: They Can Run, But
Two recent High Court decisions hold good news for bodies corporate and landlords - defaulting sectional title owners and tenants cannot hide behind the debtor protection provisions of the National Credit Act.
In summary, the NCA debt counselling process, with its inherent delays and risks for the creditor, does not afford protection to: -
Sectional title owners in respect of arrear levies
Tenants of leased properties - in respect not only of arrear rentals, but also associated utility charges (rates, electricity, water, sewerage etc).
In summary, the NCA debt counselling process, with its inherent delays and risks for the creditor, does not afford protection to: -
Sectional title owners in respect of arrear levies
Tenants of leased properties - in respect not only of arrear rentals, but also associated utility charges (rates, electricity, water, sewerage etc).