News & Updates

THINKING OF CHANGING THE LOCKS ON AN UNRULY TENANT?

May 30, 2025

Share this:

What is a Mandament van Spolie?

Besides sounding like a spell from Harry Potter, the mandament van spolie is your legal superhero cape. It’s a remedy under South African common law that says: “Put it back, and no, you don’t get to play vigilante landlord.”

In plain terms: if someone takes your property in respect of which you exercise undisturbed and peaceful possession (or access to it) without your consent and without a court order, you can haul them to court and say, “Hey! That was mine. Give it back. Now.”

The courts don’t even need you to prove that you own the property — just that it was yours to use and someone took it away without asking nicely (or legally).

Spoliation tends to crash parties in the following places:

  • Landlord-tenant scuffles: “Oops, I locked the tenant out because they were late on rent payment.”
  • Gate remote drama: “I changed the code so my ex can’t come in anymore.” – Spoliation alert.
  • DIY electricity disconnections: “The tenant didn’t pay so I switched off the lights.” Spoiler: also spoliation.

Legal Implications

If you dispossess someone from property without due process, you may now be starring in your very own courtroom drama.

The dispossed party can run to court waving a spoliation application, and the court may force you to return the property faster than you can say “oops.” Even if they owed you money. Even if you think you’re right (or are). The court doesn’t care who started the fight — it just wants order restored before the drama escalates.

A spoliation application is a formal application you make to court when someone takes your stuff (or access to it) without the required magic words: a court order.

Key point: you don’t need to prove you own the item or property — only that it was yours to use and you were peacefully using it. If someone takes it away without your consent or legal authority, the court will likely say, “Nope, not today,” and order the return.

Requirements to Win a Spoliation Application

To get the court on your side, you’ll need to prove:

  1. You had peaceful and undisturbed possession.
  2. You were unlawfully deprived of it — without consent and without a court order.

If you handed over the keys voluntarily — that’s consent. But if someone tricked, forced, or quietly changed the locks, you’ve likely got a case.

How to Protect Your Property Like a pro

If someone tried to “repossess” your flat or house using stealth, force, or just a very confident locksmith, here’s what you can do:

  • Call in the legal cavalry: Get a property law attorney on the line. Not your cousin who once watched Suits.
  • File a spoliation application: This is your official “put it back where you found it” document.
  • Gather evidence: Photos, video, witness statements.

Final Thoughts

Spoliation is not just a cool-sounding word — it’s a serious issue with major consequences. Whether you’re a landlord, tenant, or just someone trying to keep your lights on, it’s worth knowing your rights and acting fast when someone crosses the line.

If you suspect you’ve been spoliated (yes, it’s a word), don’t wait until things escalate into a full-blown property soap opera. Contact us today to consult one of our specialist property law attorneys.

 

WE WOULD LOVE TO CONNECT WITH YOU – BE SURE TO FOLLOW US ON:

Instagram: fha.law
Facebook: Frank Holland & Associates FHA
For further information check out our website at www.fha.law.za

Our website newsfeed offers monthly updates with relevant property law articles and so much more.
Call us on 021 790 6006 / WhatsApp Line 064 539 4108

Yours in Conveyancing
David Higgs