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October 2019 NEWSLETTER
Landlord vs Tenant: When Can You Cut Electricity or Change the Locks?
Landlord vs tenant disputes can quickly escalate into protracted and expensive litigation, and as a landlord you may be tempted to take the law into your own hands by changing locks, cutting electricity etc.

We analyse our law in that regard, explain what a “spoliation order” is and what a tenant must prove to obtain one, and discuss a recent High Court case in which an internet café owner in a shopping centre disputed her landlord’s method of billing for electricity.

When the landlord cut her electricity and changed the locks she successfully asked the High Court for a “spoliation order” – a good practical example of why unlawful self-help is a bad option for landlords.
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Dementia and Incapacity: What is a Power of Attorney and is it Forever?
ArticleImage It’s a growing problem – with our aging population comes a steady increase in the number of older people developing dementia and other incapacitating mental conditions.

How as a family member or caregiver can you help? How as a person approaching old age can you plan for a future time when you will need help? Your first thought will likely be the quick, simple and cheap option of a power of attorney, but beware – it will fail (in a legal sense) just when it is needed most.

We’ll have a look at what a power of attorney is, at why it is (unfortunately) not a “forever” solution, and at the alternatives available to you.
   
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Security Complexes and Fibre – You Can Use Telkom Ducting After All
ArticleImage If you live in a “community scheme” such as a residential security estate, you probably access the Internet and make calls via either ADSL or fibre, with the necessary cabling running in underground ducting installed by the developer. 

Unless your complex is brand new, that ducting is probably occupied by Telkom’s copper cabling, and in 2017 Telkom won an important case against a Home Owners Association (HOA) which wanted Vodacom to install fibre for it in the existing ducting. That outcome left HOAs and homeowners around the country facing the delay, disruption and cost of having to create new underground infrastructure.

We discuss a recent Supreme Court of Appeal decision reversing that…
   
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How Courts Sort Fact from Fiction - A Tale of Jags, Deception and Damages
ArticleImage Sometimes you just have to sue to enforce your rights, and should sweet victory crown your efforts you will celebrate your decision to do so. But litigation isn’t for the faint-hearted, and apart from the cost, delay and stress of fighting your way through our courts, you will want to reduce your risk factors upfront as much as you can. So if your opponent’s version of events is totally at odds with yours you will want some comfort that it is your version that is likely to win the day.

But just how can you predict which way the court will go in deciding which version to accept? We explain, with reference to a most interesting High Court fight over whether or not a (relatively inexpensive) Jaguar XF had been fraudulently sold by a dealership as a (much more expensive) Jaguar XFR.
   
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Your Websites of the Month: Tips to Manage Debt and Master Your Money
ArticleImage Times are hard, and although hopefully we are now seeing the first green shoots in our economy, there has never been a better time to improve your relationship with money and the state of your finances. 

Have a look at these website articles for ideas on how to make a start –
  • “No more fighting over bills! Here are 3 tips to master your money” on The Catalyst website 

  • Time’s “Struggling to Repay Your Debt? The Snowball Method Could Help” here.
   







Disclaimer

The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your professional adviser for specific and detailed advice.


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