The Trustees for the Time Being of the East London Hebrew Congregation v Galperin and Others

The applicant, a voluntary religious association owning residential property at 7 Osborne Road, Selborne, East London, sought the eviction of the first and second respondents under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE). The respondents occupied the property by virtue of the first respondent’s employment as rabbi of the congregation, with the right of occupation being subsidiary to the employment contract. The first respondent’s employment was terminated on 3 February 2020. Following dismissal, the respondents remained in occupation without consent and without paying rent. An earlier judgment by Hartle J found them to be unlawful occupiers but stayed eviction pending appeal and related proceedings. After all appeals were exhausted and the stay conditions fell away, the applicant re-enrolled the eviction application for a fresh consideration of whether eviction would be just and equitable and for determination of appropriate dates.

An eviction order was granted. The respondents and all persons occupying through them were ordered to vacate the property by 12h00 on Friday, 4 April 2025, failing which the sheriff was authorised to evict them. The respondents were ordered to pay the applicant’s costs on a party-and-party scale, including reserved costs, with counsel’s fees taxed on scale C.

The case reinforces the application of PIE in eviction proceedings involving private property owners and unlawful occupiers whose occupation arose from terminated employment. It confirms that unresolved labour disputes do not constitute a defence to eviction where the right of occupation was subsidiary to employment and that courts will not indefinitely delay eviction absent credible evidence of homelessness or vulnerability. The judgment underscores the duty on occupiers and their legal representatives to place full personal circumstances before court in the justice and equity enquiry.