Getting rid of a non-paying tenant

**Sean KZN** · 16-05-2022, 16:17

Originally Posted by Ds J

My wife does property consulting. Tip: work through proper agents. It saves a lot of drama because the agents' company does the footwork; they are supposed to sieve the tenants as well. And if any trouble arises it is their job to get the tenant out.

Yes, it's seems like a financial burden until it's not. Once you have a good relationship it is also possible to negotiate a reduced commission.

AS pointed out by Olafpatrol, there are professional rent dodgers out there, they know every trick in the book.

**M80BHP** · 16-05-2022, 20:59

A few years back a guy demolished a property when that tenant refused to pay rent...I think he had the building condemned, before he bashed it down....

**BBT** · 16-05-2022, 21:02

Originally Posted by Paul

Write to both tenants and inform them that due to the crime situation you have decided to fit new security doors to both properties, and that since work will commence next week, you need access to their premises. The good tenant will happily cooperate. The bad tenant will ignore you. On the appointed day fit the good tenant's security door properly and fit the bad tenant's door with the hinges the wrong way round ("Oops! We didn't have access so we couldn't check that the door opened properly").

Great idea.
I'm gonna remember this

**Davidc** · 16-05-2022, 21:04

Any chance of putting a prepaid electricity meter in where the tenants have to buy tokens from directly from the landlord?

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**Fire-stick** · 16-05-2022, 22:45

Not the most pleasant route, but it has passed that a while back it seems.
Unless I have it wrong the following is within law.
Keep the paper trail.

Those that know the law, let us know if this is out of line and anything not legal or if there will be repercussions.

Officially (a signed copy with their signature, a copy in your hand as record) notify to vacate to allow for work to be undertaken.
If need be have a third party, The "builder" below, inform the tenant in writing as well that they are given 1 months notice to vacate as you intend to undertake renovation work.
1 month is all that is required by law.

A week later, request a convenient time to inspect the unit with a builder to assess for the required "works".
The builder can be a third party you know to discuss your required works and scheduling of work.

In the interim, Look into the possibility of splitting and separation of the units electrical and water supplies.

Where is the flats DB located?
If outside of the unit, supply change and isolation can easily be done for below.
Where does the water supply feed from and how does it split between the 2 flats?
If need be a wall will need to be chopped open to access the pipe(s).

There must be a way to isolate the electrical and water supply when required.

Look into the prepaid electricity and water meter supplies as mentioned above.
There are 3rd party vendors that supply the units and services, different methods are available depending on your property type.

Arrange another meeting to view and discuss the works again at the 3 week point and remind of the work that will commence and is scheduled.

At the 1 month point, remind of the need to vacate immediately if still there.
The day after the notified date to vacate by, "works" can commence.
Cut the water and electricity supply as above if they can be isolated as part of the renovation work.

A day or two later the front door can be removed as part of the renovation work as it has become a building site and access is required.

**A-R** · 16-05-2022, 22:54

Originally Posted by James1

My advice would be to pay her to leave. I have a few friends who do rental for a living
It always works out much cheaper and quicker to pay them to leave. This really grinds me, but it remains the most efficient way with our current legal system

... and pay with a post-dated cheque...

**Zuku** · 17-05-2022, 00:41

Originally Posted by James1

My advice would be to pay her to leave. .....

Promise verbally to pay for tenant, for moving of furniture, new deposit and a few months rentals. Don't hand over any cash. you will pay monthly cash and always at the end of the month. If moving guy is requesting money pay him, if not promise to pay at end of month, not the tenant for the moving furniture. Once tenant is out, let tenant sue you for promises for deposit and rental. Two can play the "promises" and the "non payment. I owe you" game.

If they sue, you counter sue for your arrears.

I love the old days where you can kick open your own door, start throwing out, not carry, anything that belong to tenant. Even the police will come assist you if tenant gets out of hand.

**Wezza** · 20-07-2022, 12:48

Hi All,

Firstly, thank you to everyone for the advice given on this thread - it was very helpful.

I have good news. The tenant moved out last Saturday.

Prior to her moving out, my mother was in court two weeks ago for the protection order which the tenant took out against her. The case was thrown out.

Fast forward to last Friday 15 July, my mother was in court for the protection order that she took out against the tenant.

The magistrate gave my mother an opportunity to state her case. The tenant interrupted a few times (this is something she has a habit of doing) but the magistrate ruled against the tenant.

I was unfortunately not allowed to be in court (no family members allowed - only the two parties)

The judge further told the tenant to move out ASAP. I could not believe it as the rental issue was not the main matter before the court.

But good news all around.

P.S. about 4 weeks ago, the tenant stayed away and wasnt living in the premises. We took the opportunity to change all the locks and she was unable to gain access. This also helped our cause. She brought the police here but I maintained that this is a civil matter and they cannot force us to allow her onto the premises.