Tenant’s Power

Landlords should never switch off a tenant’s power under any circumstances without a court order. Any action depriving a tenant of their rights to power and water without due legal process can result in severe legal consequences.

Marinda Uys, Group Rental Manager for Seeff Winelands, West Coast, Brackenfell, Kuils River, and Kraaifontein, and Samantha Heuvel, rental agent with Seeff Southern Suburbs, answer the most frequently asked questions about tenant power consumption and landlord rights.

How is Tenant Power Consumption Costed and Charged?

Municipal bills are used to calculate usage, and tenants are invoiced according to their consumption.

• Prepaid Meters: Common in the Cape and increasingly elsewhere, prepaid meters allow tenants to purchase electricity in advance, giving them control over their consumption and costs.
• Monthly Billing: Units with their own meters are read regularly, and tenants are billed based on actual usage. Consumption readings can be obtained from City of Cape Town (CoCT) billing or body corporate statements.
• Inclusive Rent: In some properties, power costs are included in the rent, especially for cottages or flatlets. While convenient, this reduces transparency regarding actual usage.

Can a Property’s Power Account Be Put into a Tenant's Name?

It is uncommon, as most municipalities do not permit this. The council bill generally remains in the owner’s name, making them responsible for the entire bill, inclusive of the tenant’s usage.

What Steps Should a Landlord Take If Utilities Go Unpaid?

If a tenant defaults on utilities:

1. Follow up with the tenant regarding the outstanding payment.
2. Send reminders to the tenant.
3. If unpaid, issue a formal Letter of Demand.
4. Should the issue persist, seek legal advice and action.

Can Electricity Costs Be Deducted from the Tenant’s Deposit?

No, this is not permitted under the Rental Housing Act of 1999. The deposit may only be used at the end of the lease term and in accordance with breach clauses in the lease agreement.

Can a Landlord Switch Off a Tenant’s Power?

Absolutely not. This action is illegal under the Rental Housing Act of 1999 and the Unfair Practices Act.

Landlords must follow the legal procedure:

• Follow up with reminders.
• Issue a Letter of Demand.
• Proceed with legal action if necessary.

What Are the Consequences of Switching Off Power Illegally?

If a landlord switches off a tenant's power without a court order:

• The tenant can report the issue to the relevant municipality and the Rental Housing Tribunal.
• The tenant may also apply for an urgent interdict against the landlord.

What Recourse Does a Tenant Have?

If a landlord ignores the law, tenants have the following options:

• Approach the Rental Housing Tribunal for assistance.
• Take legal action, including applying for an interdict to restore power.

Conclusion

Landlords must abide by the law when it comes to utilities and tenant rights. Switching off power without following proper legal processes can lead to severe repercussions. Open communication and adherence to lease agreements ensure a smoother landlord-tenant relationship.