The owner of a property is required to continue to supply utilities to the property even when the occupant is in illegal occupation. The reason for this is that utility supply is incidental to occupation, so disconnection without a court order amounts to spoliation, as this is seen by our law as deprivation of possession. The effect of this to the owner is that, she is not just losing the monthly rental income, but must incur the actual expense of utility supply.
Obtaining an eviction order, to remove the non-paying tenant as soon as possible, is always our primary focus, but due to the technicality of the eviction process it may sometimes take a few weeks longer than we were all hoping for. While patiently waiting for the eviction process to unfold, in compliance with the court rules and legislation, your utility bills are continuing to stream in, and so are your sleepless nights. The solution to this drama is to run a separate application to have the illegal occupant’s water supply limited and the electricity supply disconnected parallel to the eviction. This is a valuable treasure for the property industry which is aimed at softening the blow to owners when dealing with an illegal occupant refusing to vacate.
Don’t be trapped by the utility consuming dragon, allow the knight in shining armour to flick the switch on your troubles.
The effect of a sale on a management mandate agreement Is the purchaser of a property with a tenant in the premises duty-bound to perform in terms of the former landlord’s obligations towards the lease agreement, or in terms of a mandate in the case of a management mandate agreement? The lease agreement remains in […]
Obtaining court dates from the High Courts in Lockdown Level 1 As much as we, as legal practitioners, have got used to attending to court virtually and working with the new online court system, called CaseLines; the legal profession is still experiencing extreme difficulties. The latest court directives allow us to issue new proceedings at […]
Does Section 4(5)(c) of the Rental Housing Act contradict the principle of huur gaat voor koop? The legal principle of huur gaat voor koop was established within Roman Dutch Law and has, since the adoption of Roman Dutch Law as the foundation of the South African legal system, been one of the cornerstone principles governing property […]
Why were these regulations declared unconstitutional by the High Court? What does this mean? On 2 June 2020 the High Court handed down a judgement in the matter of De Beer v COTGA. News of this judgement spread in the media and on social media like wildfire, with headings like “Lockdown Regulations Unconstitutional”; as much […]
LEVEL 4 REGULATIONS ON EVICTIONS The Alert Level 4 Regulations were released to the public explaining exactly what Level 4 will entail for the South African public. One of the regulations, specifically Regulation 19, deals with the prohibition of evictions and has a big effect on our property industry. The Regulation reads as follows: A […]
No regulations of any kind have been implemented to authorise tenants to refrain from paying rent. The global pandemic brought about by the COVID-19 virus has thrust South Africa into one of the most unfamiliar and uncertain times in our history, the likes of which never before experienced. Government has, in response to the virus, […]