due to non payment of electricity, now standing at over R2000.00, i wish to disconnect my tenant, what period of notice must i give the tenant in order to comply with the CPA?
Province: Western cape
have given he one months notice to vacate and would like to cut the electricity off now.
Hi There - the answer really depends on the wording of your lease. The CPA is not really relevant as the matter is determined by general legal principles. The generally accepted rule is that you cannot interfere with the electrical supply of access without and order of court as this amounts to self help and could result in the tenant applying for something called a spoliation order which would force you to re-connect. Personally - and this is not advice at all - if you do this you do so at your own risk and I will not accept any responsibility whatsoever - I would disconnect the electricity and see what happens. You may as well also get an attorney on standby to sue the tenant for any unpaid rent, electricity and damages to the property for when you do get him out or to bring an eviction application if the tenant wont leave after the months notice. I hope this helps and wish you luck. Please remember to rate my answer. Regards
All areas of commercial and contract Law - specialist in property advice.
Thanks for accepting and good luck.
it surely cannot be illegal to swich it off, as there is no other recourse to stop the excessive use(3xmore than normal) of electricity with non payment. It is being done to stem losses incured, not for me to gain anything. she has paid part of the rent, and nothing for electricity. electricity is a luxury,there is gas if need be. I intend to fit a meter which can be controlled to curb the spending, but there will be penalties using this as there is 15% levy, and a levy to repay losses can also be added. she would still have electricity, but at a premuim, till the debt gets paid off. this will be longer than the one momths notice though. I suppose I could take her to the Small Claims Court in the end.
I hear you and agree - It seems absurd but the law reports are littered with cases where frustrated owners have had to re-connect defaulting tenants. Just get her out and sue later - you will be better off in the long run.
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