Can I shut off a tenant’s electricity?

A Property24 reader asks:

 

I own and let a duplex on the North Coast. My tenants gave me notice on 1 August.They are moving out on 30 September but they asked if they could use their damages deposit as the last month’s rental.  

I told them that our signed lease agreement did not permit that and I was sticking to my guns. Their rental used to come through like clockwork on the first of every month via debit order, and I can accurately presume that I won't be getting this month's rental as I would have normally had it by now. 

They are only allowing letting agents with potential clients through on a Friday between 1-1.30pm and nothing else allweek.  My pool water has gone from sparkly blue to dark green;  the grass is knee high; the carpets are filthy from their two dogs and need shampooing; they have put wallpaper onto the one bedroom wall, which needs to be removed; they won't let me send a plumber in to attend to a major shower leak and the adjacent bedroom cupboards are damp and musty. 

They say they don't want the inconvenience of the repairs, despite our lease saying they could be entitled to an abatement/rebate of rental should the property become uninhabitable, which it wouldn't as there is another shower as well as another bathroom.

They will not answer my emails, nor take my calls and have been rude and abrupt to the three estate agents marketing my property.  I am at my wits end and do not know how to handle them anymore. I will try blacklisting them, but that doesn't help me financially to sort out the above and more possibly.

Can I have the electricity prematurely disconnected? The Metro account is in my name… as a plea bargain... “Pay me my rental and I'll authorise for the supply to be reconnected or live I the dark". 

Marlon Shevelew, specialist rental and eviction attorney at Cape-based legal firm     Marlon Shevelew and Associates     replies:

The short answer is that the landlord must immediately lay a complaint with his local rental housing tribunal pointing out specific instances of the tenant’s unlawful actions herein.

The landlord must simultaneously ensure that the tenants are advised, in a letter, of her right to claim, amongst other things, any costs arising from damages to the premises. This includes their failure to allow a plumber onto the premises to attend to repairs and any loss of rental income arising from the tenant’s refusal to allow agents to procure a gainful tenant timeously, or at all.

Initial action or injunctive applications will be prohibitive. Whilst calling for the shutting off of the electricity may be tempting, it is regretfully illegal, unless of course the municipality chooses to do so of its own volition.

Readers' Comments Have a comment about this article? Email us now.  

There are several things you can do other than that: 1. As owner, you have permission to call in a locksmith and have all the locks changed  or removed. So long as they are able to get into the house, there’s nothing they can do.
2. cutting off electricity is a good idea yes, and considering there’s no chance in heaven or even its fiery counterpart of getting the last months’ rent, you’re more than welcome to kick them out with immediate effect (just make sure no paperwork is done in the process). By the time they get a lawyer to represent them, the contract will be expired, and therefore null and void. Risky move, but if done carefully, you could get off scot-free.
3. you can be almost certain that they’ll be staying a month or two longer without your permission. If this happens, you get them to call a lawyer for whatever reason (most likely, they’ll say you must give an eviction notice, even though they’ve given notice that they’re moving out). If this is the case, you simply claim “as far as I’m concerned, that is illegal squatting, as legally, that portion of the building is to let at the moment. I was planning on demolishing the house, and rebuilding.” The very next day, have a moving truck loading boxes (can be empty. It’s just to give the illusion of moving) and a bulldozer standing out front. This will be costly, but it will get them out.
4. if you just want the agents and such to get in, all you need do is leave a notice of 24 hours of your intentions, gain access to the house, and have your people do their thing. Should they object, you simply note that their last month’s rent has not been received, and they are in no position to object in any way.
Now that you are aware of the “shady” way of doing it, I’d suggest going with the method Marlon suggested. PS: you are in no way entitled to return the damages deposit, as it is a “damages deposit” you are within your rights to use that deposit to fix up anything on that property. That includes cleaning bills (inside and outside), structural maintainance, cosmetic repairs (replacing carpets, removing disgusting wallpaper, repainting indoors/outdoors etc), and any labour therewith. - Asaad