IT IS ILLEGAL FOR LANDLORD TO CUT POWER OFF!

KGALALELO was renting a flat in the backyard of his friend’s house when he lost his job and couldn’t afford to pay his rent every month. 

His friend threatened him, saying if he didn’t pay, he’d switch off his power. 

Shortly after that, Kgalalelo’s power was cut off by his landlord and he had to live in the dark without any hot water or electricity to cook food! 

Azikhiphi! That’s not on! 

Unable to afford a lawyer, Kgalalelo saw on Facebook that Scorpion Legal Protection had free Q&A sessions. He decided to ask for help and a professional lawyer advised him. 

Is it legal? 

Kgalalelo was advised that it is illegal for his friend to cut his power off, even if he is behind on his rent payment. 

Regulation 12 of the Rental Housing Act obliges the landlord to provide the tenant with electricity supply. 

And he/she may not disrupt or cut off that service if the tenant falls behind on rent. 

Only the council has the power to switch off your electricity, not the owner of the property. 

What does the law say? 

The law is clear on who can and cannot disconnect your electricity supply. 

Section 1 of the electricity by-laws of the Greater Joburg Metropolitan Municipality states that if payment of electrical fees is in arrears, the council may at any time, without notice, disconnect the electricity supply. 

Section 16 of the Rental Housing Act of 1999 states that any unlawful person who disconnects the power supply is guilty of a criminal offence and is liable for a fine or imprisonment. 

Regulation 12 of the Unfair Practice Regulations to the Rental Housing Act prohibits a landlord from interrupting service supply to tenants without a court order. 

Points on service supply 

You have the right to services.  

Only lawful persons may disrupt services. 

Taking the law into your own hands is illegal. 

Illegal service disruptions will be reversed by a court order.

Illegal acts could result in imprisonment. 

How to strike back 

Thanks to Scorpion’s free live Q&A sessions, Kgalalelo could stand up to his landlord and have his power turned back on. 

He ate cooked food and stayed warm this winter. 

Scorpion Legal Protection can help policyholders with similar queries.