29 Jan 2013
A Property24 reader asks:
I need to ascertain whether my actions were within the legal parameters. I'm a landlord and my tenants haven't paid the electricity bill for the last two months, and as a result I ordered the Body Corporate to switch off their lights.
I gave them less than 24 hours notice to inform them that I was going to switch off their lights and on top of that they paid three days after receiving the letter. But I took my time to order the Body Corporate to switch on the lights again as I wanted to punish them for their actions and teach them a lesson.
Please advise if my actions are within legal limits and should they decide to take action then what would I need?
Marlon Shevelew, specialist rental and eviction attorney at Cape-based legal firm Marlon Shevelew and Associates replies:
In short, any action to deprive a tenant of beneficial occupation, even if rentals and utilities are owing, is illegal.
Besides the fact that the Body Corporate cannot take any action against a tenant, the owner certainly cannot resort to self-help.
The law is quite clear and allows for a tenant to be placed back into the position he/she was in before the unlawful action was taken by the property owner, by way of a spoliation application. In instances such as these a court will not consider what amounts are owing but rather whether the tenants were in peaceful and undisturbed occupation of the premises.
If so, they must be put back, at your cost. If you have not been brought before the court yet then you may have escaped this unlawful action, but if the tenant suffered any damages you may soon be on the receiving end of a summons for damages the tenant has suffered.
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Marlon ShevelewMarlon Shevelew is the Director of Marlon Shevelew and Associates Inc., a Cape Town Law firm, specialising in Rental Property, Contractual, Consumer and Company law. Mr Shevelew is a National Legal Advisor and/or presenter of rental property seminars with the Institute of Estate Agents (IEASA), Tenant Profile Network (TPN), PAYPROP, the University of Cape Town (UCT) and is a monthly guest expert on the “Law Report” on SAfm. Mr Shevelew also created the unique Rental Retainer Club which offers affordable legal fees to clients.
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