“Pay Extra for My Generator or I’ll Cut You Off During Loadshedding”. Can a Landlord Do That?
13 March 2024
Many landlords have installed
“alternative power sources”, like generators, inverters, solar panels and so
on, to help their tenants survive... the ongoing loadshedding.
A recent High Court fight between a mall owner and an
upmarket gym over the gym’s access to the landlord’s generator arose when “out
of the blue” the landlord demanded that the tenant start paying an additional
“diesel recovery levy”. The gym refused to pay, the landlord cut off its access
to the generator, and the tenant rushed to court asking for an urgent
reconnection order. We discuss the outcome, and the Court’s reasons for its
decision.