The short answer is that you cannot disconnect the water and lights of a tenant without a court order. Also, there are consequences for disconnecting the water and lights of a tenant without following the correct procedure.

In terms of section 16(hA) of the Rental Housing Act, it is a criminal offence to unlawfully disconnect the water and lights of a tenant and you could be sentenced to a fine, imprisonment or both a fine and imprisonment.

In addition to the above, the tenant will be able to approach the Rental Housing Tribunal or a court for an order that the water and lights be reconnected and you will be held liable for the tenant’s legal costs in obtaining such an order.

Accordingly, it is recommended that disconnections of utilities take place within the confines of a duly obtained court order.

The above should not be accepted as legal advice, and you are advised to seek legal advice.


Bruce Barkhuizen

Bruce Barkhuizen is an attorney and notary in the dispute resolution department of Bruno Simão Attorneys and has experience in property law, eviction law, commercial law, contract law, criminal law and company law.

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