A Property24 reader asks:
A Property24 reader says her tenant refuses to pay the excessive water bill, which is costing her a fortune. What to do?
I am renting out my flat through a rental agent who collects rent from the tenant. For the past few months the average water bill has been R1 800. The rental agent has promised to ask the tenant to pay for the excessive water bill, but they have not been successful. I am paying this amount to the body corporate monthly.
What can I do to force the tenant to pay for the water? Is it possible to switch off or control their water supply? Please advise what to do in this situation.
ChantelCronje, legal advisor at Legal & Tax, says:
The Rental Housing Act provides that a landlord is obligated by law or terms of the lease agreement to provide electricity and water services to a tenant and must not cause the supply thereof to be interrupted or cut off without a court order. Such actions by a landlord would be deemed illegal and this includes Body Corporates.
Though unfair to landlords whose tenants are in breach of their lease obligations, tenants have the upper hand as they have definite rights as far as water and electricity is concerned. If the account is in the landlord's name, the landlord remains responsible for the payment of these accounts until the tenant meets his/her obligations as municipalities hold the owner solely responsible even though the landlord has not personally incurred the debt.
Written notice needs to be given to the tenants advising them that should they not settle the amounts outstanding, the lease agreement will be cancelled and they will have to vacate the property within 30 days or more depending on the breach clause of the concerned lease agreement, failing which the landlord will have to approach the court for an order to force the tenants to compensate the landlord for his damages, to cut-off the electricity and water services and have them evicted by the sheriff of the court.
The landlord, can institute legal action against the tenants himself/herself or he/she can instruct an Attorney to do so. The Attorney can ask the court to hold the tenants liable for any legal fees that the landlord had to incur.
However the landlord can first approach the nearest Rental Housing Tribunal (0860 106 166) to assist in mediating the dispute.
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