When the Landlord Cuts Off Water and Power: Rights of Business Tenants

 Some landlords who want a tenant out, or want higher rent, take a shortcut: they disconnect the water, switch off the electricity or block access. For a business, and especially an institution such as a school or clinic that serves the public, even a few days without utilities can be devastating. The law does not allow landlords to evict by pressure.

Controlled tenancies. The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act protects tenants in "controlled tenancies". Broadly, these are business tenancies that are unwritten, or written for five years or less, or that allow termination within five years. A landlord who wants to end or change the terms of such a tenancy must serve a notice in the prescribed form. If the tenant objects, the Business Premises Rent Tribunal decides.

Self-help is unlawful. Cutting off utilities, changing locks or removing a tenant's property to force them out sidesteps that process. The Tribunal has power to investigate complaints and to make orders protecting tenants, including orders restoring services and restraining interference with quiet possession. Courts have consistently condemned such tactics.

Knowing who your landlord is. Many commercial buildings are owned or managed through companies, joint ventures or agents, and tenants sometimes do not know who actually holds the landlord's interest. The tenant may ask the Tribunal to direct disclosure, so that orders bind the right parties and rent is paid to the right person.

How we act for tenants.

• File a complaint with the Tribunal under certificate of urgency.
• Seek immediate orders to reconnect services and stop further interference.
• Seek disclosure of the true landlord and its authority.
• Protect the tenant's rent position, for example by depositing rent as the Tribunal directs, so the landlord cannot claim arrears as a pretext.

Takeaways. Keep your rent paid and your receipts safe. Document any disconnection immediately with photos, dates and messages. Do not retaliate by withholding rent without advice, and approach the Tribunal quickly, because urgent orders are available