Landlords: Can You Cut Electricity to Collect Arrears or Evict?

Landlords: Can You Cut Electricity to Collect Arrears or Evict?

Landlords: Can You Cut Electricity to Collect Arrears or Evict?KVV Inc Attorneys
Published on: 04/03/2025

Landlords cannot resort to self-help, like cutting utilities or changing locks, to evict defaulting tenants. This risks a costly "spoliation order," forcing restoration of the status quo. Courts prioritize preventing self-help, not the merits of the dispute. Tenants only need prove peaceful possession and unlawful deprivation. A recent case highlights this: a landlord who loaded disputed arrears onto pre-paid meters, effectively cutting electricity, was ordered to restore supply and remove the balances. Self-help is a costly mistake; seek legal advice instead.

Property
Landlord vs Tenant: When Can You Cut Electricity or Change the Locks?

Landlord vs Tenant: When Can You Cut Electricity or Change the Locks?

Landlord vs Tenant: When Can You Cut Electricity or Change the Locks?KVV Inc Attorneys
Published on: 04/03/2025

Landlords beware: self-help is no solution. Even if a tenant is in breach of contract, a landlord who takes matters into their own hands by, for example, changing locks or cutting off utilities, risks a spoliation order. The court focuses solely on restoring possession to the tenant, regardless of the merits of the underlying dispute. As a recent case demonstrates, disconnecting electricity and changing locks are both considered unlawful dispossession, requiring immediate restoration of possession and utilities at the landlord's cost. Avoid costly legal battles – always follow due process.

Property

KVV Inc. Attorneys: Celebrating 10 Years of Excellence in Property Law and Conveyancing.

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KVV Inc. Attorneys: Celebrating 10 Years of Excellence in Property Law and Conveyancing.

Fostering Partnerships,

Driving Results.

© KVV Inc. Attorneys 2025.

All Rights Reserved. Privacy Policy | POPIA