Electricity and Tenants Rights

8 Apr 2015

Whole Article:- http://www.iolproperty.co.za/roller/news/entry/tenants_have_right_to_electricity)

The owner cannot disconnect electricity supply to his tenant's dwelling by justifying that he has the right to do so since he installed the cables and meters at his own cost.

Similarly, trustees in a sectional title scheme or a shareblock cannot shut off the electricity supply to the units of an owner who has defaulted with levy payment.

Eskom is the country's main generator of electricity with local government (municipalities) as distributors. City Power Johannesburg (Pty) Limited, which has the City of Johannesburg as its only shareholder, distributes electricity to Johannesburg. Distributors such as the municipalities and City Power have the legal right to disconnect electricity for nonpayment, to increase the tariffs and to levy additional charges in terms of legislation.

This was the matter of the Plettenberg flats tenants situated at 32-34 Bruce Street in Hillbrow, Johannesburg, before the Gauteng Rental Housing Tribunal in 2013. The tribunal, on June 14, 2013, ruled in favour of the tenants in terms of section 13(1) of its Unfair Practices Regulations, ordering the landlord, Young Ming Shan CC, to refund the tenants the service charges from May 2009.

The tribunal rejected the landlord's argument that its leases with the tenants gave it the right to levy service charges and that it provided a service as a supplier to the tenants. The landlord did not have a licence to sell or supply electricity and in terms of the electricity by-laws and Electricity Regulation Act, the landlord was therefore prevented from making a profit.

Read the whole article: http://www.iolproperty.co.za/roller/news/entry/tenants_have_right_to_electricity