Getting rid of tenants

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ViperGTI

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I have fairly new tenants in my house... They've been staying there for two months, but last month, the rent was not paid in full and they didn't pay their electricity and I have a feeling that this month is going to be the same issue.

I've sent them an email with a summary of the outstanding amounts and given them some options to try and do this civilized, but if I have another issue this month, I want them gone.
I'll switch of the power first (since they didn't pay their previous month's electricity bill and probably not going to pay this month's either), but what options do I have to get them removed from my property asap after that?
 
You may not switch off the power, or the water. You can however install a prepaid meter, then them having or not having electricity is entirely up to them.

Your only option is to go to the tribunal to get them evicted.
 
ToxicBunny said:
You may not switch off the power, or the water. You can however install a prepaid meter, then them having or not having electricity is entirely up to them.

Your only option is to go to the tribunal to get them evicted.
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Yeah I'd suggest installing a prepaid meter first, you might get hurt financially otherwise. What does your lease agreement say?
 
It all depends on what your contract with them says.
I just evicted our last tenant on grounds of short rental payments as well as noise disturbances.

We had a clause in the contract that stated we can evict them if they default on payments etc.
 
Have you politely asked them to vacate the house, with a written letter? I would do this first. You can also instruct council to reduce the water pressure such that it takes 10 mins to fill a kettle. Also send them a (separate) letter of demand asking for the full sum owed to be paid by close of business on 31st October. When that does not get paid, ask a lawyer to start collection proceedings. The tribunal story is very long-winded. You will have to disable the HWC in case it gets drained of water.

Another legal loophole is for you or a member of your family to move in to the house. Since they have broken the lease agreement by not paying you would be able to move back. I had to do this some years back to get rid of a wayward tenant
 
ViperGTI said:
I have fairly new tenants in my house... They've been staying there for two months, but last month, the rent was not paid in full and they didn't pay their electricity and I have a feeling that this month is going to be the same issue.

I've sent them an email with a summary of the outstanding amounts and given them some options to try and do this civilized, but if I have another issue this month, I want them gone.
I'll switch of the power first (since they didn't pay their previous month's electricity bill and probably not going to pay this month's either), but what options do I have to get them removed from my property asap after that?
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Are you staying with them in the house or is separate house on your stand? Did they pay deposit? Any contract with them?
 
There is one prepaid meter shared between multiple houses, however, I have separate metres for each house so each month I take the total prepaid electricity bought and divide it by the total number of units bought to get a rate per unit and then I multiply it by the number of units used for each house and give them their bill.
The power goes off if they don't pay though. I can't risk that all houses sit without power due to insufficient units just because one house decides to not pay.

They did not pay the deposit in full and after this month, the amount owed by them at the moment is about the same amount they've paid for the deposit. It is separate houses on the same stand, but they share the electricity prepaid metre and water is from a borehole.

The contract says (and I'm summarising and translating from Afrikaans here) that if the rental and electricity amounts are not paid by the due date, I have the right to cancel the agreement and take possession of the property and to take any required action to get them off the property. Any funds received will first go toward any outstanding amounts, then against the rent and finally against the electricity and I have the right to disconnect the power if the electricity bill is not paid.
 
ViperGTI said:
There is one prepaid meter shared between multiple houses, however, I have separate metres for each house so each month I take the total prepaid electricity bought and divide it by the total number of units bought to get a rate per unit and then I multiply it by the number of units used for each house and give them their bill.
The power goes off if they don't pay though. I can't risk that all houses sit without power due to insufficient units just because one house decides to not pay.

They did not pay the deposit in full and after this month, the amount owed by them at the moment is about the same amount they've paid for the deposit. It is separate houses on the same stand, but they share the electricity prepaid metre and water is from a borehole.

The contract says (and I'm summarising and translating from Afrikaans here) that if the rental and electricity amounts are not paid by the due date, I have the right to cancel the agreement and take possession of the property and to take any required action to get them off the property. Any funds received will first go toward any outstanding amounts, then against the rent and finally against the electricity and I have the right to disconnect the power if the electricity bill is not paid.
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You may still not disable their electricity.
 
Oh, I have sent them an email in order to try and pre-empt a situation. Basically a statement of outstanding funds that are due this month, or if they prefer to move and find a cheaper place, the amount due if we take the deposit into account. No threats or anything in the email, just civil.

I've been far more lenient with them than I've ever been before, but I can't trust them. They always have some or other story and I have to draw the line now.


ViperGTI said:
The contract says (and I'm summarising and translating from Afrikaans here) that if the rental and electricity amounts are not paid by the due date, I have the right to cancel the agreement and take possession of the property and to take any required action to get them off the property. Any funds received will first go toward any outstanding amounts, then against the rent and finally against the electricity and I have the right to disconnect the power if the electricity bill is not paid.
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Basically, I just want to know how to enforce the section in the contract above. I take it going in and moving their stuff out of the house myself and changing the locks is not really an option, which is why I want to know what exactly I meant with my wording in the contract above. :)
 
This information is all just for worst-case scenario. Hopefully it won't come to any of this. I would just like to know my options come Saturday (due date).
 
Send some of your biggest meanest-looking buddies around with crow-bars and make it clear to them that their kneecaps are in for a rough ride if they don't vacate your land.
 
Did you check these people out before you let them in? The paying for two months thing is a bit worrying. There are professional house hijackers out there. They will use the PIE Act to stay in your house as long as possible. Sorry to say. I had a similar situation, took 9 months to get them out. I found out coincidentally from the Advocate I used that he acted against them previously unfortunately those clients could not pay the Attorney and he had to withdraw. The lost their house to the Bank as as big part of the Rental was covering the Bond. The moving in with them is a valid way of going about it though.
 
You may also not use the deposit in lieu of rent as far as I'm aware... but i do stand to be corrected on that.
 
I met the parent of one of the tenants. He organised everything for them as they were moving here from another town and he looked quite decent. The people that arrived however... let's just say that the thought of Jerry Springer jumps to mind.

They paid the first month's rent in full when they moved in (not the full deposit though which was already a breach of our agreement). Then last month they did the short payment and my "sources" tell me I'm going to have trouble getting money from them this month.
 
can't cancel electrictity. consitutional right says access to electricity. if you deny them then you are opening a can of worms that you do not want to deal with. before anyone comments about municpalities and eskom cancelling for non payment, it's because they are authorize seller/resellers, the landlord isn't.
 
If I don't cancel the electricity, the municipality WILL cancel it a couple of days later, but then everyone sits in the dark. In this case I am the seller of the electricity and when the municipality allows me the benefit of using electricity I haven't paid for, then I'll pass that benefit to the tenants.

However, what I'm actually looking for is HOW to evict them immediately due to breach of contract. I want them out before even turning off the power.
 
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ViperGTI said:
If I don't cancel the electricity, the municipality WILL cancel it a couple of days later, but then everyone sits in the dark. In this case I am the seller of the electricity and when the municipality allows me the benefit of using electricity I haven't paid for, then I'll pass that benefit to the tenants.

However, what I'm actually looking for is HOW to evict them immediately due to breach of contract. I want them out before even turning off the power.
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are you an appointed authorize seller for the electricty? are you paying VAT and other taxes related to selling electricity?
 
crackersa said:
are you an appointed authorize seller for the electricty? are you paying VAT and other taxes related to selling electricity?
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Nope. I'm just the provider / reseller. This is however missing the point.

My interest is knowing how to evict should it come to that. Do I simply serve them with a letter instructing them to vacate the premises within a couple of days? What happens if they don't? Etc.
 
Change the circuit breaker to something like 5 amps so they cant run anything more than a kettle on it.
 
Honestly the quickest way to get them to pay up or get out is to round up 2 or 3 homeless guys and tell them you'll pay them to sleep in your house for one night. You then pitch up at your/tenants place and tell them that since they're in breach of contract and because you have to pay the bond on the property you're now forced to make arrangements to get other tenants in there.

You then tell the tenants that these guys (the homeless guys you rounded up) will be moving in with them until they decide to pay what they owe you....then you sit back and watch the fun begin. :D
 
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