PROPERTY RECOVERY (PTY) LTD
Terms and Conditions of Service
Version 2.0
Effective Date: 25 May 2026
Company: Property Recovery (Pty) Ltd
1. DEFINITIONS & INTERPRETATION
1.1 “Company” refers to Property Recovery (Pty) Ltd.
1.2 “Client” refers to any person or entity engaging the Company’s services.
1.3 “Tenant” refers to the unlawful occupier, non-paying tenant, or delinquent occupant.
1.4 “Eviction Order” refers to a court-issued order authorising removal of the Tenant from the property.
1.5 “PDN” or “Pre-Litigation Demand & Notice” refers to the service described in Part B of these Terms and Conditions.
1.6 “TDP” or “Tenant Dispute Portal” refers to the service described in Part C of these Terms and Conditions.
1.7 “Mandate” refers to written or implied authorisation to proceed.
1.8 “Services” refers to the offerings described in these Terms and Conditions.
1.9 “Panel” refers to the panel of independent specialist eviction attorneys referenced in clause 31.
1.10 “Attorney” or “Panel attorney” refers to an independent legal practitioner appointed from the Panel.
1.11 “Sheriff” refers to the Sheriff of the Court.
1.12 “Business Day” refers to Monday to Friday excluding South African public holidays.
1.13 “PIE” refers to the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 19 of 1998.
1.14 “ESTA” refers to the Extension of Security of Tenure Act, 62 of 1997.
1.15 “POPIA” refers to the Protection of Personal Information Act, 4 of 2013.
2. STATUS OF PROPERTY RECOVERY
2.1 Property Recovery is not a law firm.
2.2 Property Recovery does not provide legal advice.
2.3 All legal services rendered as part of the paid services are performed by independent Panel attorneys.
2.4 Property Recovery acts as a process manager, coordinator, and facilitator.
2.5 Property Recovery does not control judicial decisions or court outcomes.
3. GENERAL SERVICE PRINCIPLES
3.1 Property Recovery specialises in tenant dispute resolution and eviction matters.
3.2 The Services are designed to be structured, transparent, and timely.
3.3 Each paid service is delivered on the basis of a defined scope, fixed fee, and clear deliverables, as set out in the relevant Part of these Terms and Conditions.
PART A — EVICTION ORDER SERVICE
4. NATURE OF SERVICE
4.1 The Eviction Order Service (“the Eviction Order Service”) is a paid service in which Property Recovery coordinates the full eviction process from the issue of formal notices through to the obtaining of a court-issued eviction order, with attorneys from its Panel acting on the Client’s behalf.
4.2 The mandate is to obtain a court-issued eviction order in respect of the property concerned.
4.3 The service ends upon:
4.3.1 The grant of the court-issued eviction order; or
4.3.2 The tenant vacating the property during the process as a result of lawful pressure applied by Property Recovery or by the appointed attorney.
4.4 If the tenant vacates during the process, the mandate is deemed fulfilled.
4.5 Property Recovery and the appointed attorney may, during the process, lawfully engage with the tenant directly or in writing to apply pressure to vacate.
4.6 Property Recovery does not guarantee the speed of court proceedings, the physical removal of the tenant, or the tenant’s cooperation at any stage.
4.7 The Eviction Order Service is available nationally across the Republic of South Africa, in respect of matters governed by PIE. Matters governed by ESTA are not within the scope of the standard Eviction Order Service and are quoted separately on application.
5. SCOPE OF WORK
5.1 The Eviction Order Service includes:
5.1.1 The full Pre-Litigation Demand & Notice service as defined in Part B of these Terms and Conditions, as the first stage of the engagement;
5.1.2 Preparation and issue of the section 4(2) notice required under PIE;
5.1.3 Preparation and filing of the court application;
5.1.4 Service of court process on the tenant by the sheriff of the court;
5.1.5 Court appearances and process management by the appointed attorney;
5.1.6 Coordination, status reporting, and progress monitoring by Property Recovery throughout; and
5.1.7 The obtaining of the court-issued eviction order.
5.2 The Eviction Order Service excludes:
5.2.1 Physical removal of the tenant by the sheriff of the court (enforcement of the eviction order). This is a separate step that may, in many matters, prove unnecessary;
5.2.2 Locksmith, cleaning, storage, or removal services;
5.2.3 Recovery of rental arrears, damages, or any amounts owing by the tenant;
5.2.4 Any cause of action against the tenant unrelated to the lease or occupation of the property concerned.
5.3 Where physical removal by the sheriff is required after the grant of the eviction order, this may be:
5.3.1 Arranged directly by the Client with the sheriff of the relevant court; or
5.3.2 Facilitated by Property Recovery on the Client’s behalf as an optional add-on, quoted separately.
6. TIMEFRAMES
6.1 The Eviction Order Service proceeds in two distinct phases:
6.1.1 The Pre-Litigation Demand & Notice phase, which runs for approximately five (5) weeks from the point of delivery of the notices to the tenant; and
6.1.2 The court phase, during which Property Recovery applies for a hearing date and the matter is heard by the court.
6.2 In unopposed matters, the eviction order is usually granted within approximately two (2) weeks of the court date.
6.3 In opposed matters, the timeline depends on the nature of the opposition, court availability, and the steps the tenant takes in response. Opposed matters take materially longer than unopposed matters.
6.4 Where delivery of notices or court process to the tenant is delayed — including (without limitation) where the tenant avoids delivery, is not available for service, or cannot be located at the address provided — the overall timeline extends accordingly.
6.5 Timeframes are indicative only and are not guaranteed. They depend on factors including (without limitation) court backlog, tenant opposition, judicial discretion, defective documentation, public holidays, and load shedding.
6.6 The Client waives any claim based on delays.
7. FEES & PAYMENT TERMS
7.1 Fees are fixed, quoted upfront, and non-negotiable once paid.
7.2 The fee for the Eviction Order Service is payable in full in advance.
7.3 Work commences only once funds clear.
7.4 The fee includes the attorney’s professional fees, court filing fees, sheriff’s fees for service of court process, and Property Recovery’s coordination fee.
7.5 The fee excludes:
7.5.1 Sheriff’s fees for physical removal of the tenant after grant of the eviction order (enforcement);
7.5.2 Costs arising from tenant opposition, including (without limitation) further attendances, additional court appearances, or responses to interlocutory applications;
7.5.3 Any service or document outside the scope defined in clause 5.
7.6 Pricing varies by province, reflecting court travel, correspondent attorney coordination, and logistics. Final fees are confirmed in writing before work commences.
7.7 Complex matters — including (without limitation) those involving vulnerable occupiers, multiple unlawful occupiers, business occupancy, disputed leases, or prior legal proceedings — may be re-quoted before work commences.
8. NO REFUND POLICY
8.1 No refunds apply once work commences under any circumstances.
8.2 This includes (without limitation):
8.2.1 Withdrawal by the Client;
8.2.2 The tenant vacating before the conclusion of the process;
8.2.3 Settlement of the matter during the process;
8.2.4 Financial hardship; or
8.2.5 Change of strategy by the Client.
8.3 The Client waives all refund and chargeback rights.
9. CLIENT DISCLOSURE DUTY
9.1 The Client must disclose all material facts at the outset of the engagement, including (without limitation):
9.1.1 The full terms of the lease, including any addenda or variations;
9.1.2 Any prior agreements, payment plans, or settlements (written or verbal);
9.1.3 All correspondence with the tenant relating to the matter;
9.1.4 Any prior legal steps taken in respect of the matter; and
9.1.5 Any facts that may affect the tenant’s rights under PIE, ESTA, or any other applicable legislation, including the presence of vulnerable occupiers.
9.2 Failure to disclose entitles Property Recovery to:
9.2.1 Withdraw from the engagement;
9.2.2 Suspend work pending further information; or
9.2.3 Require payment of additional fees to address the consequences of the non-disclosure.
9.3 No refunds apply where withdrawal or additional fees arise from non-disclosure.
10. POST-ORDER SERVICES
10.1 Physical removal of the tenant by the sheriff (enforcement of the eviction order) is not included in the Eviction Order Service. In many matters, this is not required — tenants frequently vacate once the eviction order is issued.
10.2 Where enforcement is required, the Client may:
10.2.1 Arrange enforcement directly with the sheriff of the relevant court; or
10.2.2 Instruct Property Recovery to facilitate the enforcement process on the Client’s behalf, in which case it will be quoted separately.
10.3 Enforcement costs depend on the level of resistance encountered, whether police assistance is required, and the number of attendances necessary.
PART B — PRE-LITIGATION DEMAND & NOTICE SERVICE
11. NATURE OF SERVICE
11.1 The Pre-Litigation Demand & Notice service (“the PDN Service”) is a paid service in which Property Recovery instructs attorneys from its Panel to issue formal notices required to lawfully terminate the lease and prepare the matter for court if necessary.
11.2 The notices are issued on attorney letterhead and signed by the appointed attorney.
11.3 During the notice period, the appointed attorney engages directly with the tenant on the Client’s behalf, applying lawful pressure to vacate or settle.
11.4 The PDN Service does not include the institution of court proceedings, the preparation of court papers, or the obtaining of any court order. Where the matter requires court action, the Eviction Order Service (Part A) is available as a separate engagement.
11.5 The PDN Service is available nationally across the Republic of South Africa.
12. SCOPE OF WORK
12.1 The PDN Service includes:
12.1.1 Initial review of the matter and confirmation that the PDN Service is appropriate;
12.1.2 Drafting of formal notices on attorney letterhead, including (typically) a Letter of Demand and a Notice of Cancellation, and such additional notices as the specific matter requires;
12.1.3 Delivery of the notices to the tenant by lawful means;
12.1.4 Direct engagement between the appointed attorney and the tenant during the notice period;
12.1.5 Reporting to the Client on the progress and outcome of the engagement; and
12.1.6 A written recommendation on the appropriate next step at the end of the notice period.
12.2 The PDN Service excludes:
12.2.1 Court proceedings of any kind;
12.2.2 Physical removal of the tenant;
12.2.3 The legal recovery, collection, or enforcement of rental arrears, damages, or any other amounts owing by the tenant. The notices issued and engagement conducted under the PDN Service typically include reference to outstanding amounts and demand for payment, but the PDN Service does not include any process for the formal recovery or enforcement of those amounts;
12.2.4 Locksmith, cleaning, storage, or removal services;
12.2.5 Any cause of action against the tenant unrelated to the lease or occupation of the property concerned.
13. TIMEFRAMES
13.1 The notice periods applicable to the PDN Service run for approximately five (5) weeks in total, from the point of delivery of the notices to the tenant.
13.2 Where delivery of the notices to the tenant is delayed — including (without limitation) where the tenant avoids delivery, is not available for service, or cannot be located at the address provided — the overall timeline extends accordingly.
13.3 Timeframes are indicative only and are not guaranteed.
13.4 The Client waives any claim based on delays.
14. FEES & PAYMENT TERMS
14.1 Fees are fixed, quoted upfront, and non-negotiable once paid.
14.2 The fee for the PDN Service is payable in full in advance.
14.3 Work commences only once funds clear.
14.4 The fee includes the attorney’s professional fees for drafting, delivering, and engaging on the notices, and Property Recovery’s coordination fee.
14.5 The fee excludes:
14.5.1 Sheriff’s fees for service of any subsequent court process;
14.5.2 Any service or document outside the scope defined in clause 12;
14.5.3 Additional notices or engagements required by reason of incorrect or incomplete information provided by the Client.
15. NO REFUND POLICY
15.1 No refunds apply once work commences under any circumstances.
15.2 This includes (without limitation):
15.2.1 Withdrawal by the Client;
15.2.2 The tenant vacating before the conclusion of the notice period;
15.2.3 Settlement of the matter during the notice period;
15.2.4 The Client’s decision not to proceed to court action where this is recommended;
15.2.5 Financial hardship; or
15.2.6 Change of strategy by the Client.
15.3 The Client waives all refund and chargeback rights.
16. CLIENT DISCLOSURE DUTY
16.1 The Client must disclose all material facts at the outset of the engagement, including (without limitation):
16.1.1 The full terms of the lease, including any addenda or variations;
16.1.2 Any prior agreements, payment plans, or settlements (written or verbal);
16.1.3 All correspondence with the tenant relating to the matter;
16.1.4 Any prior legal steps taken in respect of the matter; and
16.1.5 Any facts that may affect the tenant’s rights under PIE, ESTA, or any other applicable legislation, including the presence of vulnerable occupiers.
16.2 Failure to disclose entitles Property Recovery to:
16.2.1 Withdraw from the engagement;
16.2.2 Suspend work pending further information; or
16.2.3 Require payment of additional fees to address the consequences of the non-disclosure.
16.3 No refunds apply where withdrawal or additional fees arise from non-disclosure.
17. CLIENT INSTRUCTION DURING THE NOTICE PERIOD
17.1 Where the tenant proposes a settlement, payment plan, partial payment, or any other arrangement during the notice period, the proposal will be referred to the Client for a decision.
17.2 The appointed attorney does not accept, reject, or negotiate any proposal on the Client’s behalf without the Client’s express instruction.
17.3 The Client is required to respond to any such referral within a reasonable period. Failure to respond may result in the matter remaining unresolved at the end of the notice period, in which case the recommendation contemplated in clause 12.1.6 will be issued on the basis of the available information.
18. OUTCOMES AND PROGRESSION
18.1 At the conclusion of the notice period, the matter will be in one of the following positions:
18.1.1 The tenant has vacated the property;
18.1.2 The tenant has agreed to a settlement or payment arrangement acceptable to the Client; or
18.1.3 The tenant has not vacated and has not responded constructively, in which case the appropriate next step is the Eviction Order Service.
18.2 The PDN Service ends upon the issue of the recommendation contemplated in clause 12.1.6, or earlier upon settlement of the matter or vacating of the property by the tenant.
18.3 Each service is priced independently. The fee paid for the PDN Service is not credited toward the Eviction Order Service fee. Clients who instruct the Eviction Order Service directly receive the full PDN Service as part of that engagement.
PART C — TENANT DISPUTE PORTAL
19. NATURE OF THE PORTAL
19.1 The Tenant Dispute Portal (“the Portal”) is a free, AI-guided self-service tool provided by Property Recovery.
19.2 The Portal is informational and educational in nature.
19.3 The Portal does not constitute legal services and does not create an attorney-client relationship between the Client and Property Recovery or any attorney on its Panel.
19.4 The Portal does not provide legal advice.
19.5 Property Recovery does not act as the Client’s agent, attorney, or representative in the use of the Portal.
20. SCOPE OF THE PORTAL
20.1 The Portal accepts documents and information uploaded by the Client, including (without limitation) lease agreements, payment records, correspondence, and communications relating to a tenant matter.
20.2 The Portal applies artificial intelligence (“AI”) to review the material uploaded and provide structured guidance, assessments, and draft template documents for the Client’s self-administered use.
20.3 Output from the Portal — including assessments, recommendations, and draft notice templates — is provided in general form and is not specific to the legal effect of the Client’s particular lease, jurisdiction, or matter.
20.4 The Portal does not draft, issue, sign, send, or serve any document on the Client’s behalf. Any document generated by the Portal is provided as a template for the Client to review, adjust, and use under the Client’s own name.
20.5 The Portal does not file court documents, instruct attorneys, or take any external action.
21. AI PROCESSING
21.1 The Portal uses third-party AI service providers to process material uploaded by the Client.
21.2 Property Recovery has Data Processing Agreements in place with the AI service providers it uses, and reasonable steps are taken to ensure that material uploaded is processed in accordance with POPIA.
21.3 The Client acknowledges that personal information uploaded to the Portal may be processed outside the Republic of South Africa by AI service providers, and that Property Recovery has taken reasonable steps to ensure such processing complies with POPIA.
21.4 AI output is generated automatically and is not reviewed by an attorney or legal professional before being presented to the Client.
21.5 AI output may contain errors, omissions, or interpretations that are not appropriate to the Client’s specific matter. The Client is responsible for reviewing all output critically before relying on it.
22. CLIENT WARRANTIES
22.1 By uploading material to the Portal, the Client warrants that:
22.1.1 The Client has the legal authority and a lawful basis to share the uploaded material with Property Recovery for the purpose of resolving the tenant matter;
22.1.2 The uploaded material does not infringe the rights of any third party;
22.1.3 The Client has, where required by law, informed any data subjects whose personal information is contained in the uploaded material that the information will be shared with Property Recovery for this purpose;
22.1.4 The Client will not upload material that is unlawful, defamatory, fraudulent, or unrelated to a genuine tenant matter.
22.2 The Client indemnifies Property Recovery against any claim, loss, damage, or legal cost arising from a breach of these warranties.
23. SELF-ADMINISTERED USE
23.1 All output from the Portal is provided for the Client’s self-administered use.
23.2 Where the Portal generates a draft document — including but not limited to a Letter of Demand or Notice of Cancellation — the Client is responsible for:
23.2.1 Reviewing the draft document in full;
23.2.2 Adjusting the content where necessary to reflect the specific facts of the matter;
23.2.3 Issuing the document under the Client’s own name and authority;
23.2.4 Delivering the document to the recipient by lawful means.
23.3 The Client acknowledges that draft documents generated by the Portal are not attorney-issued documents and do not carry the weight of an attorney instruction.
23.4 The Client acknowledges that attorney-issued notices (available via the Pre-Litigation Demand & Notice service) are materially more effective than self-administered notices in matters where the tenant is uncooperative or the matter is contested.
24. NO WARRANTY OF SUITABILITY OR OUTCOME
24.1 Property Recovery does not warrant the suitability, accuracy, completeness, or legal effect of any Portal output for any specific matter.
24.2 The Client acknowledges that the Portal output is general guidance and not a substitute for legal advice tailored to the Client’s specific circumstances.
24.3 Property Recovery does not warrant that use of the Portal will resolve the tenant matter, prevent court proceedings, or produce any specific outcome.
24.4 The Client uses the Portal at the Client’s own risk.
25. LIMITATION OF LIABILITY
25.1 To the maximum extent permitted by law, Property Recovery shall not be liable for any loss, damage, cost, or claim of any nature arising from the Client’s use of the Portal, including but not limited to:
25.1.1 Reliance on Portal output;
25.1.2 Defects or inaccuracies in template documents;
25.1.3 The legal ineffectiveness of any document used by the Client;
25.1.4 Loss of rent, property, time, or opportunity arising from the Client’s reliance on the Portal.
25.2 This limitation applies regardless of the legal basis on which a claim may be advanced.
26. AVAILABILITY AND CHANGES
26.1 The Portal is provided on an “as available” basis. Property Recovery does not warrant uninterrupted access.
26.2 Property Recovery may modify, suspend, or discontinue the Portal at any time, with or without notice.
26.3 Property Recovery may introduce usage limits, top-up charges, or other commercial terms for use of the Portal beyond a standard allowance, provided that any such charges are disclosed to the Client in advance and require the Client’s express acceptance before they apply.
26.4 The Portal in its current form is offered free of charge for use within the standard allowance defined from time to time.
27. DATA PROCESSING AND RETENTION
27.1 Material uploaded by the Client to the Portal is processed and stored by Property Recovery in accordance with POPIA and the Property Recovery Privacy Policy.
27.2 Default retention periods. In the absence of a deletion request from the Client, material uploaded to the Portal is retained for:
27.2.1 Two (2) years from the date of last meaningful interaction with the Portal, where the Client has not engaged a paid service; or
27.2.2 Five (5) years from the conclusion of the matter (including any court proceedings), where the Client has engaged a paid service.
27.3 Deletion on request. The Client may request deletion of the Client’s data at any time. Subject to clauses 27.4 and 27.5, deletion will be effected within thirty (30) Business Days of the request.
27.4 Deletion during an active engagement. Where the Client has an active paid engagement with Property Recovery at the time of a deletion request, the request will be honoured to the maximum extent compatible with that engagement. Data essential to the active engagement will be retained until the engagement concludes, after which it will be deleted on a renewed request from the Client or, in the absence of such a request, retained for the period in clause 27.2.2.
27.5 Statutory retention overrides. Where law requires Property Recovery to retain data for longer than the periods in clause 27.2 — including (without limitation) attorney record-keeping obligations under the Legal Practice Act, FICA, court record requirements, and tax legislation — that data will be retained for the period required by law. The Client will be informed of this on request.
27.6 Anonymisation as an alternative to deletion. At the Client’s election, Property Recovery will, where reasonably practicable, anonymise rather than delete the Client’s case data. This preserves the Client’s privacy while leaving open the possibility of the Client returning to Property Recovery in the future.
28. UPGRADE TO PAID SERVICES
28.1 The Client may, at any time, instruct Property Recovery to provide a paid service in respect of the matter the Client is working on in the Portal.
28.2 The Pre-Litigation Demand & Notice service and the Eviction Order Service are governed by Part B and Part A of these Terms and Conditions respectively, and by the engagement letter and fee confirmation issued at the time of instruction.
28.3 These Portal terms (Part C) continue to govern the Client’s use of the Portal and the data processed through it, in parallel with the paid-service terms, which govern the paid engagement.
28.4 No portion of any fee paid for a paid service is attributable to the use of the Portal. Each service is priced independently.
29. ACCEPTANCE OF THESE PORTAL TERMS
29.1 Use of the Portal requires the Client to accept these Terms and Conditions and the Property Recovery Privacy Notice at sign-up, by way of separate tickbox confirmations.
29.2 Continued use of the Portal constitutes ongoing acceptance of these Terms and Conditions as amended from time to time.
29.3 Material changes to these Terms and Conditions will be notified to the Client in writing (including by email or in-Portal notification), and the Client will be required to re-confirm acceptance before continuing to use the Portal.
PART D — FINANCING
30. FINANCING
30.1 Where appropriate, Property Recovery may, in its discretion, introduce the Client to independent third-party finance providers who specialise in legal funding.
30.2 Any financing application is subject to the finance provider’s independent credit assessment.
30.3 Property Recovery is not a credit provider and does not provide financial advice.
30.4 Property Recovery makes no representation or warranty regarding the approval, terms, interest rates, fees, or repayment obligations of any financing arrangement.
30.5 Any financing agreement is concluded strictly between the Client and the third-party finance provider. Property Recovery is not a party to that agreement.
30.6 Property Recovery accepts no liability for any financing decision, term, or obligation arising from a financing arrangement entered into between the Client and a third-party finance provider.
PART E — GENERAL PROVISIONS
31. INSTRUCTION OF THE PANEL AND ATTORNEY-CLIENT RELATIONSHIPS
31.1 Property Recovery maintains a panel of independent specialist eviction attorneys (“the Panel”) for the purpose of rendering the legal services that form part of the paid services described in these Terms and Conditions.
31.2 The Panel attorneys are not employees of Property Recovery. Each Panel attorney is an independent legal practitioner subject to the rules and discipline of the Legal Practice Council.
31.3 Upon the Client’s instruction of a paid service, Property Recovery instructs an appointed Panel attorney to act in respect of the matter. Property Recovery is the instructing party in respect of the Panel attorney; the Client is the instructing party in respect of Property Recovery.
31.4 The attorney-client relationship exists between Property Recovery and the appointed Panel attorney, with the Client as the underlying beneficiary of the legal services rendered. Attorney-client privilege attaches to communications between Property Recovery and the appointed Panel attorney for the purpose of rendering the services to the Client.
31.5 The Client’s confidential information disclosed to Property Recovery for the purpose of the services is held in confidence by Property Recovery and is shared with the appointed Panel attorney to the extent necessary to render the services.
31.6 Property Recovery does not direct or control the legal judgment of any Panel attorney. The attorney’s professional duties are owed in accordance with the Legal Practice Act and the rules of the Legal Practice Council.
31.7 Property Recovery may, where reasonably necessary, substitute the appointed Panel attorney with another Panel attorney during the course of a matter. Where such substitution occurs, the Client will be notified and the engagement continues without interruption.
31.8 The matter file in respect of the engagement is held by Property Recovery and the appointed Panel attorney. The Client may request copies of documents in the file at any time, subject to any applicable legal privilege and the proper closure of any active engagement.
32. LIMITATION OF LIABILITY
32.1 To the maximum extent permitted by law, Property Recovery shall not be liable for any loss, damage, cost, or claim arising from court delays, tenant conduct, property damage, lost income, or emotional distress.
32.2 This limitation applies regardless of the legal basis on which a claim may be advanced.
33. INDEMNITY
33.1 The Client indemnifies Property Recovery against all claims, losses, damages, and legal costs arising from or in connection with the Client’s instruction of the services, save where such claims, losses, damages, or costs arise from Property Recovery’s wilful misconduct.
34. FORCE MAJEURE
34.1 Property Recovery shall not be liable for delays or failure to perform caused by events outside its reasonable control, including (without limitation) strikes, civil unrest, natural disasters, pandemics, load shedding, court closures, or sheriff’s office closures.
35. COMMUNICATION
35.1 Communication between Property Recovery and the Client may take place by email, WhatsApp, or other agreed channels.
35.2 The Client is required to respond to communication from Property Recovery within a reasonable period. Client delays in responding cause case delays.
36. DATA PROTECTION AND PRIVACY
36.1 Property Recovery processes personal information in accordance with POPIA and the Property Recovery Privacy Policy. The Privacy Policy is available on the Property Recovery website and forms part of these Terms and Conditions by reference.
36.2 Property Recovery acts as the responsible party in respect of personal information processed for the purpose of rendering the services. Where third parties (including Panel attorneys, sheriffs, courts, and AI service providers) process personal information on Property Recovery’s behalf, such third parties act as operators under POPIA and are subject to appropriate Data Processing Agreements.
36.3 By instructing Property Recovery, the Client acknowledges that personal information relating to the Client, the tenant, and any other relevant parties will be processed for the purpose of rendering the services. The categories of personal information processed and the purposes of processing are described in the Privacy Policy.
36.4 Personal information may be processed outside the Republic of South Africa, including by AI service providers operating on Property Recovery’s behalf. Property Recovery has taken reasonable steps to ensure that such cross-border processing complies with POPIA.
36.5 The Client warrants that the Client has the legal authority and a lawful basis to share with Property Recovery any personal information relating to the tenant or other third parties, and that the Client has, where required by law, informed such persons that their personal information will be shared with Property Recovery for the purpose of rendering the services.
36.6 The data subject rights set out in POPIA — including the right of access, correction, and deletion — are exercised in accordance with the procedures set out in the Privacy Policy.
36.7 Retention of personal information is governed by the Privacy Policy and, where applicable, the specific retention provisions in Part C of these Terms and Conditions in respect of the Tenant Dispute Portal.
37. DIRECT MARKETING
37.1 Property Recovery does not send direct marketing communications to a Client unless the Client has opted in to receive such communications.
37.2 Opt-in to direct marketing is separate from and additional to the Client’s acceptance of these Terms and Conditions. The Client may opt in via the Property Recovery website, the Tenant Dispute Portal, or by express written communication.
37.3 The Client may opt out of direct marketing at any time without affecting the services rendered under these Terms and Conditions.
37.4 The following are not direct marketing and are not subject to opt-in:
37.4.1 Service-related communications, including matter updates, status reports, and communications necessary for the performance of the services; and
37.4.2 Communications within the Tenant Dispute Portal recommending alternative or escalated services, which are part of the Portal’s intended functionality.
38. GOVERNING LAW AND JURISDICTION
38.1 These Terms and Conditions are governed by the law of the Republic of South Africa.
38.2 The parties consent to the jurisdiction of the courts of Gauteng in respect of any dispute arising from or in connection with these Terms and Conditions.
39. DISPUTE RESOLUTION
39.1 Any dispute arising from or in connection with these Terms and Conditions shall, in the first instance, be resolved through good-faith negotiation between the parties.
39.2 If negotiation fails, the parties shall attempt mediation before resorting to litigation.
40. SEVERABILITY
40.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.
41. ENTIRE AGREEMENT
41.1 These Terms and Conditions, together with the Privacy Policy, the engagement letter (where applicable), and the fee confirmation (where applicable), constitute the entire agreement between the parties in respect of the services.
41.2 These Terms and Conditions supersede all prior agreements, representations, and understandings, whether written or oral.
42. VERSIONS AND AMENDMENTS
42.1 These Terms and Conditions are issued in versioned form. The current version and effective date appear at the head of this document.
42.2 Previous versions of these Terms and Conditions are made publicly available on the Property Recovery website for the purpose of verifying the terms applicable to a specific past engagement.
42.3 Where Property Recovery amends these Terms and Conditions, the amended version applies to engagements instructed on or after the effective date of the amendment. Engagements instructed before the effective date of an amendment continue to be governed by the version of these Terms and Conditions in force at the time of instruction.
42.4 Material amendments to these Terms and Conditions will be notified by reasonable means, including (without limitation) by notice on the Property Recovery website or by email to active Clients.
43. ACCEPTANCE
43.1 Acceptance of these Terms and Conditions is required for the use of any service offered by Property Recovery.
43.2 In respect of the Tenant Dispute Portal, acceptance is given by way of express tickbox confirmation at sign-up, in accordance with clause 29 of Part C.
43.3 In respect of the paid services (the Pre-Litigation Demand & Notice Service and the Eviction Order Service), payment of the applicable fee constitutes full acceptance of these Terms and Conditions.
43.4 The Client acknowledges that the Client has read, understood, and agreed to these Terms and Conditions before instructing any service.
End of Terms and Conditions.
Document version: 2.0
Effective date: 25 May 2026