Does the Consumer Protection Act Protect Every Tenant?
“It ain’t what you don’t know that gets you into trouble. It’s what you know for sure that just ain’t so.” (attributed to Mark Twain) A married couple moved to Australia and rented out their South African family home while they tested the waters Down Under. Years later, once they had decided to remain abroad, […]
One Bad Letter and Your Eviction Falls Apart
“The single biggest problem in communication is the illusion that it has taken place.” (George Bernard Shaw) Many landlords assume that once a tenant stops paying rent, an eviction order will inevitably follow. A recent Western Cape High Court judgment shows how wrong that assumption can be. Despite rental arrears of more than R46,000 and […]
Can You Airbnb Your House or Apartment in a Residential Complex?
“Landlords grow rich in their sleep.” (John Stuart Mill, economist) If you are thinking of buying (or already own) a house or apartment in a residential complex with the idea of renting it out as an Airbnb (whether permanently or on an “I can make a fortune this Christmas” basis), tread carefully. A recent High […]
“Pay extra for my generator or I’ll cut you off during loadshedding”. Can a landlord do that?
Loadshedding continues to plague us and our businesses, and when tenants are connected during power cuts to their landlord’s alternative power source – such as a generator – it is essential for both parties to understand their respective rights. Lights out for a shopping mall gym · An upmarket gym had relied for years on […]
Landlords: You cannot cut a defaulting tenant’s water and electricity
Many a landlord is tempted to go the “self-help” route when non-paying tenants refuse to pay up and also refuse to leave. Holding costs mount with not a cent in rental income to show for it, the landlord gets desperate and locks are changed, access codes blocked, electricity and water cut off. But what if, […]
Landlord Liable for a Tragic “Freak” Flood Drowning
A recent High Court decision dealing with the tragic drowning of a toddler highlights once again the legal dangers faced by property owners who let out accommodation to the public. This particular case related specifically to a Holiday Let on a guest farm and a natural disaster in the form of a flood, but of […]
Landlords: Can You Cut Electricity to Collect Arrears or Evict?
Landlords can be sorely tempted to force defaulting tenants to settle their arrears (or to vacate the premises altogether) with a bit of instant “self-help” by cutting electricity or water supplies, or perhaps by changing locks or disabling access codes. From the High Court comes another timely warning that you cannot resort to self-help without […]