You get home to realise there is no electricity! Earlier, you received this SMS notification from your landlord: ‘your electricity has been cut because you are in arrears with your electricity bill’.
But can he just do this?
According to Davel, de Klerk Kgatla Attorneys (DDKK), the law states that no man is allowed to take the law into his own hands.
“There is no rule in our law which grants a landlord the authority to cut the electricity supply of his tenant should that tenant be in arrears with his electricity charges.”
“When a lease is concluded, rights and obligations are created between the landlord and the tenant, which includes the right of the tenant to the undisturbed use and enjoyment of the leased property and the obligation on the other hand to pay for rent, water and electricity,” says an attorney at the firm.
If a landlord does take the law into his own hands and cuts off the electricity supply, the tenant has the right to apply to the court for a spoliation order (contact DDKK offices).
The court can then order that the tenant be placed in the position he was before the landlord’s action.
But on the other hand, what can a landlord do to limit his risk of a bad tenant just running up his electricity bill?
Does he remain responsible for outstanding rates and taxes on the property, and if he can’t take matters into his own hands, how is he supposed to mitigate his losses?
DDKK uses a recent case as a example:
Anva Properties CC vs End Street Entertainment Enterprises CC – the court allowed the termination of the supply of electricity to the leased property on the basis that the landlord had provided sound reasons justifying such termination and had laid a factual foundation for the relief sought.
“A landlord can therefore switch off a tenant’s electricity provided that the correct procedure is followed and a court order is obtained authorising the termination of the electricity supply,” explains the attorney.
If you are a landlord frustrated with a non-paying tenant or a tenant deprived of his rights of occupation by an overzealous landlord, consult with an DDKK attorney to find out what steps can be taken to redress the situation. The main thing is not to take the law into own hands, but rather use the mechanisms afforded by law to address the situation.
Read full article here: DDKK
