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.
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“Spoliation” - no one can take the law into their own hands
No one can go the self-help route and take the law into their own hands by removing property from someone else without a court order. Anyone deprived of possession like that can urgently obtain a “spoliation” order forcing an immediate return to it of the property.
At this stage, the court won’t be interested in who has the legal right to the property – all it will look at is whether -
That’s straightforward with possession of a “corporeal” thing like a car, or a house, or a parrot. But when it comes to an “incorporeal” like access to an alternative energy source, things become more complicated. Now you must prove that you had “quasi-possession” of the power supply.
As complicated as that may sound, what’s important on a practical level for both landlords and tenants is that this judgment has confirmed in principle that access to an alternative power supply such as a generator falls under the law’s protection as much as possession of a corporeal “thing”.
The bottom line
Whether or not a tenant has an enforceable right to its landlord’s alternative power supply – and if so whether it must pay extra for it - will depend on the wording of the lease.
But the landlord cannot just cut off an existing power supply without following legal process.
Get in touch with us to discuss how we can help you with your challenges