KVV Inc. Attorneys

Starting A Business? The Partnership Option

KVV Inc Attorneys

Published on: 04/03/2025

Starting A Business? The Partnership Option

Property Law

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?

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

Landlord v Tenant: Consider the Tribunal Dispute Resolution Option

KVV Inc Attorneys

Published on: 04/03/2025

Disputes between landlords and tenants are common, but costly legal battles can often be avoided. South Africa's Rental Housing Tribunal offers a free, quick, and easy alternative. By lodging a complaint, both parties can access impartial mediation and, if necessary, a formal hearing. The Tribunal operates under the Rental Housing Act, balancing rights and protecting against unfair practices. While rulings are binding, they can be reviewed by the High Court

Property Law

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

Fostering Partnerships, Driving Results.

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

Fostering Partnerships,

Driving Results.