According to the Supreme Court of Appeal, the Prevention of Illegal Evictions Act (PIE) does not apply to evictions from student residences as they are not considered a “home”.

According to the court, a home is “a regular occupation coupled with some degree of permanence” and “Unless otherwise demonstrated, student accommodation does not displace or replace the homes from which students come, and hence, logically, the respondents have homes other than the residence.”

Since the PIE Act was promulgated to give effect to Section 26(3) of the Constitution which states that “no one may be evicted from their home… without an order of court…”, the protection afforded by Section 26(3) of the Constitution is not applicable.

This means that the process of evicting students who overstay their welcome has become a lot simpler for student accommodation owners!