A recent case reveals insight into whether a poor-paying tenant can have their utilities cut by a landlord
Owners of a rental property may be frustrated when dealing with poor-paying tenants, but do they have the right to cut off electricity to the property – legal expert Nicolene Schoeman-Louw from SchoemanLaw Inc has provided insight into this legal conundrum.
Compelling the owner to restore the electricity supply to the premises by instructing the pre-paid metering service provider to cancel andThe tenants further relied on a decision in another case called. In the Eskom case, the court considered whether the electricity supply in itself was an incident of possession of the property to which it is delivered or a mere personal right, said Schoeman.
If the electricity being interrupted is a practical necessity to the occupant and it causes a significant disturbance to his occupationWhere a landlord has cut off electricity to force the claimants to vacate the property, the court has held that it was in the claimants’ possession of the property, said Schoeman.
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