The Johannesburg high court has ruled that a landlord cannot cut off the electricity and water supply without first getting a court order even if rent has not been paid.
The residents said in court papers that in 2021 they were served with notices from SK Enterprise, the firm managing the building as a landlord, to vacate the property due to not paying rent. The residents’ water and power were subsequently cut off. Collectively, the residents’ lawyer wrote to the property’s caretaker advising him to stop evictions and disconnecting their power and water.
The residents said SK Enterprise collected rates and taxes owed to the Johannesburg municipality, but failed to pay it over. But, said Olivier, the residents provided “no legal or factual basis for their entitlement to this relief”. SK Enterprise provided proof of payment to the municipality, showing payments were up to date, said Olivier.
The residents asked that their water and electricity be restored. SK Enterprise did not deny turning these off, but said it was mitigating further loss since the residents’ rent included payment for water and electricity. By the residents continuing to draw water and power without paying SK Enterprise, the company itself would have to pay to the benefit of defaulting residents.But Olivier slammed the landlord company.
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