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Thread: Cutting off Water Supply

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    Cutting off Water Supply

    Hi,

    May a landlord cut off the the water supply to a residential property when the tenant does not make payment to the landlord?
    Should the landlord not summons the tenant for the amount due to the landlord?

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    Diamond Member wynn's Avatar
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    No he may not! but having said that if the tenant does not pay the rent the Landlord may find it difficult to pay the rates and taxes and the Municipality may come and switch all the services off for that property and they can.
    It may be to your advantage to culture a friendship in the Municipality with someone from the department who can hasten the time from not paying and the cutoff
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    Platinum Member sterne.law@gmail.com's Avatar
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    The irony being that the landlord is responsible to ensure supply of water. If it gets cut he is in breach.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    The answer is to install a pre-paid type water meter, similar to the electricity meters. I believe that these are available at about R2000 excluding installation. So it will cost in capital outlay, but will solve a non payment problem, although I guess it still wont help to collect outstanding rent.

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    Email problem Phil Cooper's Avatar
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    Council will not cut off water - it is lillegal.

    HOWEVER - they install a "throttle" in the pipes, which makes water trickle in at a VERY slow rate. It will fill a cistern - like in an hour - but trung to bathe or shower is nearly inpossible...

    Surely, if client does not pay, the water is in breach of HIS actions, and not the Landlord? Particularly if lease says client is responsible for services....

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    Platinum Member sterne.law@gmail.com's Avatar
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    Yes, the tenant is in breach but landlord must then seek to cancel the contract.
    Its a bit of a tit for tat situation.
    If the landlord is in breach then the tenant could seek to cancel lease (not such a big issue with the CPA now), and claim damages. Whislt water is not supplied, the tenant would be able to have a reduction of rent.
    Yes....the law favours the tenant, probably unfairly so.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Gold Member Houses4Rent's Avatar
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    No, you cannot switch it off yourself. Put your tenant into breach and follow the breach clause.

    However, if you have no rental income to pay council, you just don't pay council and they may put it on trickle feed, but that can take a long time until your arrears are high enough to get them onto action. Unless you can hasten council by whatever means....

    They often get it wrong and turn it off altogether which would be good as it will put more pressure onto your tenant. I would not rely on it and apply the breach clause as well.
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