2010/06/01 09:51:44 AM alicia Posts: 3	If the tenant pays the rent on time incl. W&L but the owner is in arears with the levies - Can the body corporate cut the tenant's electricity? Can the body corporate demand the agent to pay the levies (and arrears) from the rent they have collected for the owner before the agent pays the rent over to the owner?
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2010/08/04 09:54:13 AM Graham Jones Posts: 2	I think this is a very interesting question as to the legality of the Body Corp cutting the electricity. Lets add a further step and say the tenant has not paid in full and the owner has not paid levies.While we know the owner is not permitted to cut electricity - can the body corporte cut due to non payment by the owner or is it only the municipality who legally can cut electricity. Michelle or Mike could you please comment here. As to the second part I do not believe that agent needs to comply with any instructions from the body Corporte without any legal action as there is no legal connection between the two parties. The agent has a mandate only with the owner and acts on his behalf and has no connection with the body corporte.
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2010/08/10 10:36:44 AM Michelle Posts: 97	Only the provider of electricity has the right to disconnect services. (Eskom, Municipality). The body corporate might argue they provide electricity for the complex and they have the right to disconnect. But, if the tenant's electricity is up-to-date, the body corporate cannot disconnect electricity. Also - the body corporate cannot demand the estate agent or tenant pay this account on behalf of the landlord if this is not specifically mandated by the landlord.
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2010/08/16 10:17:26 AM helenm Posts: 1	Hi Michelle, Can I get the electricity desconnected if the tenant is in arrears and the electricity is registered with the landlord. Ie the account is in the landlords name, I reaise an invoice for the electricity every month.
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2010/08/16 12:45:14 PM Michelle Posts: 97	If the electricity account is in arrears then the service provider may disconnect. It does not matter if the electricity is in the landlord's name or the tenant's name. The crux is the electricity account is in arrears.
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