PROPERTY RECOVERY (PTY) LTD
Terms and Conditions of Service
Version 2.2
Effective Date: 20 July 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 "Debtor" refers to a tenant or former tenant from whom amounts are owing arising from or in connection with the lease or occupation of the property.
1.5 "Eviction Order" refers to a court-issued order authorising removal of the Tenant from the property.
1.6 "Debt Judgment" refers to a court judgment against the Debtor in respect of amounts owing.
1.7 "PDN" or "Pre-Litigation Demand & Notice" refers to the service described in Part B of these Terms and Conditions.
1.8 "TDP" or "Tenant Dispute Portal" refers to the service described in Part C of these Terms and Conditions.
1.9 "Disbursements" refers to third-party costs incurred in the course of a matter, including (without limitation) sheriff's fees, tracing agents' fees, and counsel's fees, as described in clause 10.
1.10 "Mandate" refers to written or implied authorisation to proceed.
1.11 "Services" refers to the offerings described in these Terms and Conditions.
1.12 "Panel" refers to the panel of independent specialist attorneys referenced in Part F.
1.13 "Attorney" or "Panel attorney" refers to an independent legal practitioner appointed from the Panel.
1.14 "Sheriff" refers to the Sheriff of the Court.
1.15 "Business Day" refers to Monday to Friday excluding South African public holidays.
1.16 "PIE" refers to the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 19 of 1998.
1.17 "ESTA" refers to the Extension of Security of Tenure Act, 62 of 1997.
1.18 "POPIA" refers to the Protection of Personal Information Act, 4 of 2013.
1.19 "NCA" refers to the National Credit Act, 34 of 2005.
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.
2.6 Property Recovery is not a debt collector as contemplated in the Debt Collectors Act, 114 of 1998. Any recovery of amounts owing is conducted by the appointed Panel attorney.
3. GENERAL SERVICE PRINCIPLES
3.1 Property Recovery specialises in tenant dispute resolution, eviction, and debt recovery 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, a fee confirmed in writing, 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 the grant of the court-issued eviction order, or upon the tenant vacating the property during the process as a result of lawful pressure applied by Property Recovery or 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;
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 (enforcement of the eviction order), which 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, which is a separate service dealt with in Part F;
5.2.4 any spoliation application (whether brought by the Client or by the tenant) and any other proceedings related to, but distinct from, the eviction of the tenant, including (without limitation) damages counterclaims, rescission applications, appeals, and referrals to the Rental Housing Tribunal, each of which is a separate matter invoiced separately; and
5.2.5 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 arranged directly by the Client with the Sheriff of the relevant court, or facilitated by Property Recovery on the Client's behalf as an optional add-on, quoted separately.
6. STANDARD MATTERS
6.1 The Eviction Order Service is priced on the basis that the matter is a standard matter. Property Recovery assesses each matter before work commences and confirms to the Client in writing whether it falls within Property Recovery's standard service.
6.2 Where a matter does not fall within the standard service, Property Recovery will explain the reason and provide a revised fee in writing before any work commences. The Client may accept the revised fee or decline to proceed.
6.3 The assessment of each matter is made by Property Recovery together with the appointed Panel attorney, in their discretion, having regard to the legal complexity, cost, duration, and risk of the matter.
7. CLIENT CONDUCT AND SELF-HELP
7.1 The Client shall not resort to unlawful self-help in respect of the property or the tenant, including (without limitation) locking the tenant out, removing the tenant's possessions, or disconnecting or interrupting the supply of water, electricity, or other services to the property.
7.2 The Client acknowledges that unlawful self-help may give rise to a spoliation application or other proceedings against the Client, which fall outside the scope of the Eviction Order Service and are invoiced as separate matters.
7.3 The Client indemnifies Property Recovery and the appointed Panel attorney against all claims, losses, damages, costs, and legal costs arising from or in connection with any self-help or other unlawful conduct by the Client.
8. TIMEFRAMES
8.1 The Eviction Order Service proceeds in two distinct phases: 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 the court phase, during which Property Recovery applies for a hearing date and the matter is heard by the court.
8.2 In unopposed matters, the eviction order is usually granted within approximately two (2) weeks of the court date.
8.3 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.
8.4 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.
8.5 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.
8.6 The Client waives any claim based on delays.
9. FEES & PAYMENT TERMS
9.1 The fee for a standard Eviction Order Service is R35,000 (thirty-five thousand Rand), payable in respect of any standard matter, irrespective of the province in which the matter is conducted.
9.2 Property Recovery is not registered for Value-Added Tax. The fee is not subject to VAT.
9.3 Fees are confirmed in writing and are non-negotiable once paid.
9.4 The fee is payable in full in advance, save where a deferred payment arrangement is agreed in accordance with clause 11. Work commences only once the required funds clear.
9.5 The fee includes the appointed attorney's professional fees and Property Recovery's coordination fee.
9.6 The fee excludes:
9.6.1 disbursements, which are borne by the Client in accordance with clause 10;
9.6.2 the Sheriff's fees for physical removal of the tenant after grant of the eviction order (enforcement);
9.6.3 costs arising from tenant opposition, including (without limitation) further attendances, additional court appearances, or responses to interlocutory applications; and
9.6.4 any service or document outside the scope defined in clause 5.
9.7 Where opposition or other circumstances outside the defined scope arise after work has commenced, the resulting additional work is quoted and payable separately as it arises.
10. DISBURSEMENTS
10.1 Disbursements are the third-party costs incurred in the course of a matter, including (without limitation) the Sheriff's fees, tracing agents' fees, and, where required, counsel's fees. Disbursements are additional to, and separate from, the fee.
10.2 Disbursements are borne by the Client and are recovered by Property Recovery at cost. Property Recovery collects and remits disbursement amounts as the Client's agent and applies no mark-up. The underlying invoice or estimate is made available to the Client on request.
10.3 Property Recovery will provide the Client with an estimate of anticipated disbursements before work commences. Estimates are indicative only, as certain disbursements cannot be determined in advance.
10.4 Disbursements are funded in advance of being incurred, by one or both of the following mechanisms, as determined by Property Recovery for the matter:
10.4.1 a disbursement deposit (float) held against anticipated disbursements, from which each disbursement is drawn as it is incurred, and which the Client tops up on request before the next step in the process proceeds; or
10.4.2 payment per event, whereby Property Recovery invoices the Client for a specific disbursement before it is incurred, and the relevant step proceeds only once that amount has cleared.
10.5 Property Recovery and the appointed attorney are not obliged to proceed with any step that requires a disbursement until the funds for that disbursement have cleared. Any delay caused by the Client's failure to fund a disbursement extends the timeline accordingly, and Property Recovery is not liable for any such delay.
10.6 Disbursements are not deferred and are payable in advance in all cases, including where a deferred payment arrangement is agreed in respect of the fee under clause 11.
11. DEFERRED PAYMENT
11.1 Full payment of the fee in advance is the default basis on which the Eviction Order Service is rendered. A deferred payment arrangement is available only at the discretion of Property Recovery's management, on written application, and is not an entitlement.
11.2 Where a deferred payment arrangement is agreed, it applies to the fee only. Disbursements are payable in advance in all cases in accordance with clause 10.
11.3 A deferred payment arrangement requires an upfront deposit, the amount of which is determined by Property Recovery having regard to the matter. The structure of the arrangement depends on the sufficiency of the deposit:
11.3.1 where the deposit is sufficient, the balance of the fee may be paid in equal instalments over an agreed term not exceeding six (6) months; or
11.3.2 where the deposit is not sufficient, the arrangement may provide that specified amounts must be paid, and must clear, before specified stages of the process commence, such that no stage requiring further payment proceeds until the amount attributable to that stage has cleared.
11.4 A deferred payment arrangement carries no interest and no deferral, administration, or finance charge. The total amount payable under a deferred arrangement is the same as the fee that would be payable on an upfront basis.
11.5 A deferred payment arrangement is secured by a written acknowledgement of debt by the Client and, where applicable, a cession in accordance with clause 12.
11.6 The full outstanding balance becomes immediately due and payable on any breach by the Client of the deferred payment arrangement, and Property Recovery and the appointed attorney are not obliged to proceed with any further step while the Client is in breach.
11.7 Where the Client is a juristic person, a director, member, or trustee (as applicable) may be required to stand surety for the deferred amount.
12. SECURITY FOR DEFERRED FEES
12.1 Where Property Recovery agrees to defer payment of its fee (whether in respect of the Eviction Order Service or the Debt Recovery Service), the deferred amount is secured by a written acknowledgement of debt by the Client and by a cession in securitatem debiti of the Client's claim against the Debtor in respect of the amounts owing.
12.2 A cession under this clause is given as security only. The Client remains the creditor and owner of the ceded claim, and Property Recovery holds the cession solely as security for the deferred fee.
12.3 The cession does not entitle Property Recovery to recover, collect, or enforce the ceded claim in its own name. Any recovery of the ceded claim is conducted in the name of the Client.
12.4 Where amounts are recovered on a claim ceded to Property Recovery in security, those amounts are applied first in settlement of any deferred fee owing to Property Recovery secured by the cession, and thereafter the balance is paid to the Client. The Client authorises the application of recovered amounts in accordance with this clause, whether those amounts are received by the Client, the appointed Panel attorney, or Property Recovery.
12.5 Upon settlement of the deferred fee, the cession lapses and the security is released.
13. NO REFUND POLICY
13.1 No refunds apply once work commences under any circumstances. This includes (without limitation):
13.1.1 withdrawal by the Client;
13.1.2 the tenant vacating before the conclusion of the process;
13.1.3 settlement of the matter during the process;
13.1.4 financial hardship; or
13.1.5 change of strategy by the Client.
13.2 The Client waives all refund and chargeback rights.
14. CLIENT DISCLOSURE DUTY
14.1 The Client must disclose all material facts at the outset of the engagement, including (without limitation):
14.1.1 the full terms of the lease, including any addenda or variations;
14.1.2 any prior agreements, payment plans, or settlements (written or verbal);
14.1.3 all correspondence with the tenant relating to the matter;
14.1.4 any prior legal steps taken in respect of the matter; and
14.1.5 any facts that may affect the tenant's rights under PIE, ESTA, or any other applicable legislation, including the presence of vulnerable occupiers.
14.2 Failure to disclose entitles Property Recovery to:
14.2.1 withdraw from the engagement;
14.2.2 suspend work pending further information; or
14.2.3 require payment of additional fees to address the consequences of the non-disclosure.
14.3 No refunds apply where withdrawal or additional fees arise from non-disclosure.
15. POST-ORDER SERVICES
15.1 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.
15.2 Where enforcement is required, the Client may arrange enforcement directly with the Sheriff of the relevant court, or instruct Property Recovery to facilitate the enforcement process on the Client's behalf, in which case it will be quoted separately.
15.3 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
16. NATURE OF SERVICE
16.1 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.
16.2 The notices are issued on attorney letterhead and signed by the appointed attorney.
16.3 During the notice period, the appointed attorney engages directly with the tenant on the Client's behalf, applying lawful pressure to vacate or settle.
16.4 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.
16.5 The PDN Service is available nationally across the Republic of South Africa.
17. SCOPE OF WORK
17.1 The PDN Service includes:
17.1.1 initial review of the matter and confirmation that the PDN Service is appropriate;
17.1.2 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;
17.1.3 delivery of the notices to the tenant by lawful means;
17.1.4 direct engagement between the appointed attorney and the tenant during the notice period;
17.1.5 reporting to the Client on the progress and outcome of the engagement;
17.1.6 a written recommendation on the appropriate next step at the end of the notice period; and
17.1.7 where the tenant appoints an attorney or other legal representative during the notice period, engagement and correspondence with that representative by the appointed attorney, insofar as it relates to the matters covered by the PDN Service.
17.2 The PDN Service excludes:
17.2.1 court proceedings of any kind;
17.2.2 physical removal of the tenant;
17.2.3 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;
17.2.4 locksmith, cleaning, storage, or removal services; and
17.2.5 any cause of action against the tenant unrelated to the lease or occupation of the property concerned.
18. TIMEFRAMES
18.1 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.
18.2 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.
18.3 Timeframes are indicative only and are not guaranteed.
18.4 The Client waives any claim based on delays.
19. FEES & PAYMENT TERMS
19.1 The fee for the PDN Service is confirmed in writing and is non-negotiable once paid.
19.2 The fee is payable in full in advance. Work commences only once funds clear.
19.3 The fee includes the attorney's professional fees for drafting, delivering, and engaging on the notices, and Property Recovery's coordination fee.
19.4 The fee excludes:
19.4.1 the Sheriff's fees for service of any subsequent court process;
19.4.2 any disbursements, which are borne by the Client in accordance with clause 10;
19.4.3 any service or document outside the scope defined in clause 17; and
19.4.4 additional notices or engagements required by reason of incorrect or incomplete information provided by the Client.
20. NO REFUND POLICY
20.1 No refunds apply once work commences under any circumstances. This includes (without limitation):
20.1.1 withdrawal by the Client;
20.1.2 the tenant vacating before the conclusion of the notice period;
20.1.3 settlement of the matter during the notice period;
20.1.4 the Client's decision not to proceed to court action where this is recommended;
20.1.5 financial hardship; or
20.1.6 change of strategy by the Client.
20.2 The Client waives all refund and chargeback rights.
21. CLIENT DISCLOSURE DUTY
21.1 The Client's disclosure duty set out in clause 14 applies equally to the PDN Service.
22. CLIENT INSTRUCTION DURING THE NOTICE PERIOD
22.1 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.
22.2 The appointed attorney does not accept, reject, or negotiate any proposal on the Client's behalf without the Client's express instruction.
22.3 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 17.1.6 will be issued on the basis of the available information.
23. OUTCOMES AND PROGRESSION
23.1 At the conclusion of the notice period, the matter will be in one of the following positions:
23.1.1 the tenant has vacated the property;
23.1.2 the tenant has agreed to a settlement or payment arrangement acceptable to the Client; or
23.1.3 the tenant has not vacated and has not responded constructively, in which case the appropriate next step is the Eviction Order Service.
23.2 The PDN Service ends upon the issue of the recommendation contemplated in clause 17.1.6, or earlier upon settlement of the matter or vacating of the property by the tenant.
23.3 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
24. NATURE OF THE PORTAL
24.1 The Tenant Dispute Portal ("the Portal") is a free, AI-guided self-service tool provided by Property Recovery.
24.2 The Portal is informational and educational in nature.
24.3 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.
24.4 The Portal does not provide legal advice.
24.5 Property Recovery does not act as the Client's agent, attorney, or representative in the use of the Portal.
25. SCOPE OF THE PORTAL
25.1 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.
25.2 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.
25.3 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.
25.4 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.
25.5 The Portal does not file court documents, instruct attorneys, or take any external action.
26. AI PROCESSING
26.1 The Portal uses third-party AI service providers to process material uploaded by the Client.
26.2 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.
26.3 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.
26.4 AI output is generated automatically and is not reviewed by an attorney or legal professional before being presented to the Client.
26.5 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.
27. CLIENT WARRANTIES
27.1 By uploading material to the Portal, the Client warrants that:
27.1.1 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;
27.1.2 the uploaded material does not infringe the rights of any third party;
27.1.3 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; and
27.1.4 the Client will not upload material that is unlawful, defamatory, fraudulent, or unrelated to a genuine tenant matter.
27.2 The Client indemnifies Property Recovery against any claim, loss, damage, or legal cost arising from a breach of these warranties.
28. SELF-ADMINISTERED USE
28.1 All output from the Portal is provided for the Client's self-administered use.
28.2 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:
28.2.1 reviewing the draft document in full;
28.2.2 adjusting the content where necessary to reflect the specific facts of the matter;
28.2.3 issuing the document under the Client's own name and authority; and
28.2.4 delivering the document to the recipient by lawful means.
28.3 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.
28.4 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.
29. NO WARRANTY OF SUITABILITY OR OUTCOME
29.1 Property Recovery does not warrant the suitability, accuracy, completeness, or legal effect of any Portal output for any specific matter.
29.2 The Client acknowledges that the Portal output is general guidance and not a substitute for legal advice tailored to the Client's specific circumstances.
29.3 Property Recovery does not warrant that use of the Portal will resolve the tenant matter, prevent court proceedings, or produce any specific outcome.
29.4 The Client uses the Portal at the Client's own risk.
30. LIMITATION OF LIABILITY (PORTAL)
30.1 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:
30.1.1 reliance on Portal output;
30.1.2 defects or inaccuracies in template documents;
30.1.3 the legal ineffectiveness of any document used by the Client; and
30.1.4 loss of rent, property, time, or opportunity arising from the Client's reliance on the Portal.
30.2 This limitation applies regardless of the legal basis on which a claim may be advanced.
31. AVAILABILITY AND CHANGES
31.1 The Portal is provided on an "as available" basis. Property Recovery does not warrant uninterrupted access.
31.2 Property Recovery may modify, suspend, or discontinue the Portal at any time, with or without notice.
31.3 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.
31.4 The Portal in its current form is offered free of charge for use within the standard allowance defined from time to time.
32. DATA PROCESSING AND RETENTION (PORTAL)
32.1 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.
32.2 In the absence of a deletion request from the Client, material uploaded to the Portal is retained for two (2) years from the date of last meaningful interaction with the Portal where the Client has not engaged a paid service, or five (5) years from the conclusion of the matter (including any court proceedings) where the Client has engaged a paid service.
32.3 The Client may request deletion of the Client's data at any time. Subject to clauses 32.4 and 32.5, deletion will be effected within thirty (30) Business Days of the request.
32.4 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.
32.5 Where law requires Property Recovery to retain data for longer than the periods above - 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.
32.6 At the Client's election, Property Recovery will, where reasonably practicable, anonymise rather than delete the Client's case data.
33. UPGRADE TO PAID SERVICES
33.1 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.
33.2 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.
33.3 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.
33.4 No portion of any fee paid for a paid service is attributable to the use of the Portal. Each service is priced independently.
34. ACCEPTANCE OF THESE PORTAL TERMS
34.1 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.
34.2 Continued use of the Portal constitutes ongoing acceptance of these Terms and Conditions as amended from time to time.
34.3 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 — DEBT RECOVERY SERVICE
35. NATURE OF SERVICE
35.1 The Debt Recovery Service ("the Recovery Service") is a paid service in which Property Recovery coordinates the recovery of amounts owing by a Debtor arising from or in connection with the lease or occupation of the property, with attorneys from its Panel acting on the Client's behalf.
35.2 The mandate is to obtain a court judgment against the Debtor in respect of the amounts owing ("the Debt Judgment").
35.3 The Recovery Service ends upon the grant of the Debt Judgment, or upon the settlement or payment of the matter during the process, in which case the mandate is deemed fulfilled.
35.4 Property Recovery is the instructing party in respect of the appointed Panel attorney; the Client is the instructing party in respect of Property Recovery. The recovery is conducted by the appointed Panel attorney. Property Recovery does not itself collect debts.
35.5 The Recovery Service is available nationally across the Republic of South Africa.
35.6 Property Recovery does not guarantee recovery, the solvency of the Debtor, or the collectability of any judgment obtained.
36. SCOPE OF WORK
36.1 The Recovery Service includes:
36.1.1 assessment of the matter and the amounts claimed;
36.1.2 a letter of demand issued on attorney letterhead;
36.1.3 the issue and service of summons on the Debtor;
36.1.4 prosecution of the action to judgment;
36.1.5 coordination, status reporting, and progress monitoring by Property Recovery throughout; and
36.1.6 the obtaining of the Debt Judgment.
36.2 The Recovery Service excludes all steps after the grant of the Debt Judgment, including (without limitation):
36.2.1 execution of the judgment, including any warrant of execution, attachment, or sale in execution;
36.2.2 emoluments attachment (garnishee) orders;
36.2.3 the actual collection or receipt of the judgment debt;
36.2.4 sequestration, liquidation, or administration orders; and
36.2.5 any tracing, collection, or enforcement following judgment.
36.3 Where enforcement of the Debt Judgment is required, this may be arranged directly by the Client, or instructed to Property Recovery as a separate engagement, quoted separately.
37. FEES & PAYMENT TERMS
37.1 The fee for the Recovery Service is assessed and quoted per matter, based on the nature and circumstances of the claim, and confirmed in writing before work commences.
37.2 The Recovery Service fee is separate from, and additional to, the fee for any other service, and is reflected as a distinct amount. Where the Recovery Service is instructed together with the Eviction Order Service, the two fees may be presented as separate line items on a single invoice, or on separate invoices, at Property Recovery's election. Where the services are instructed at different times, they are invoiced separately.
37.3 The fee is payable in full in advance, save where a deferred payment arrangement is agreed in accordance with clause 11 (read with clause 12). Work commences only once funds clear.
37.4 The fee includes the appointed attorney's professional fees to judgment and Property Recovery's coordination fee. It excludes disbursements (borne by the Client in accordance with clause 10), all post-judgment steps described in clause 36.2, and any service or document outside the defined scope.
37.5 The assessment and quotation of each matter is made by Property Recovery and the appointed Panel attorney in their discretion. By instructing the Recovery Service on the quoted terms, the Client accepts the fee as quoted for the matter.
37.6 The No Refund Policy and the Client Disclosure Duty set out in clauses 13 and 14 respectively, and Part E (General Provisions), apply equally to the Recovery Service.
38. INTERACTION OF RECOVERY AND DEFERRAL
38.1 The Recovery Service and the deferral of Property Recovery's fees are independent. The Client may instruct the Recovery Service on a fully prepaid basis without any cession, and may defer Property Recovery's fees under a security cession without instructing the Recovery Service.
38.2 Where both apply to the same claim, the recovery is conducted in the name of the Client in accordance with clause 12.3, and any amounts recovered are applied in accordance with clause 12.4.
PART E — GENERAL PROVISIONS
39. INSTRUCTION OF THE PANEL AND ATTORNEY-CLIENT RELATIONSHIPS
39.1 Property Recovery maintains a panel of independent specialist attorneys ("the Panel") for the purpose of rendering the legal services that form part of the paid services described in these Terms and Conditions.
39.2 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.
39.3 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.
39.4 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.
39.5 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.
39.6 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.
39.7 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. Property Recovery will take reasonable steps to ensure continuity of the matter; however, the Client acknowledges that a substitution may result in some delay or disruption, including (without limitation) the time required for the incoming attorney to take over and familiarise themselves with the file, and the Client waives any claim based on such delay or disruption.
39.8 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.
40. LIMITATION OF LIABILITY
40.1 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.
40.2 This limitation applies regardless of the legal basis on which a claim may be advanced.
41. INDEMNITY
41.1 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.
42. FORCE MAJEURE
42.1 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.
43. COMMUNICATION
43.1 Property Recovery communicates with the Client primarily in writing, including by email. The Client is responsible for providing accurate contact details and for monitoring communications from Property Recovery and the appointed Panel attorney.
44. DATA PROTECTION AND PRIVACY
44.1 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.
44.2 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.
44.3 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.
45. GOVERNING LAW AND DISPUTE RESOLUTION
45.1 These Terms and Conditions are governed by the laws of the Republic of South Africa.
45.2 The parties will attempt to resolve any dispute arising from these Terms and Conditions amicably before resorting to formal proceedings.
46. GENERAL
46.1 These Terms and Conditions, together with the applicable engagement letter and fee confirmation, constitute the entire agreement between the parties in respect of the services and supersede all prior arrangements, representations, or understandings.
46.2 No variation of these Terms and Conditions is of any force or effect unless recorded in writing.
46.3 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.
46.4 No indulgence granted by Property Recovery constitutes a waiver of any of its rights.
Document version: 2.2
Effective date: 20 July 2026