The Rental Housing Act of 1999 provides that a landlord has a duty to use reasonable care to provide a safe and habitable home. This means that the property should be free of any defects or hazards that could threaten the tenant’s health and safety. Examples would be ensuring that the wiring is compliant, there are no fire hazards, the roof does not leak, and the security measures are adequate.

However, depending on varying risks, both the landlord and the tenant have different responsibilities. Pearl Scheltema, CEO of Fitzanne Estates clarifies:

“When a tenant moves in, the landlord is responsible for making sure the property complies with health and safety requirements, and the tenant is responsible for keeping the property in the same condition.”

From the landlord’s perspective this includes the provision of:

• Adequate space.
• Protection from the elements and other threats to health.
• Physical safety of the tenant, the tenant’s household, and visitors.
• A structurally sound building.

The landlord

The upkeep of the building’s structural components, such as painting and maintaining the external walls and roof, falls under the purview of the landlord, as does the repairing of roof leaks, dampness, and rising damp. “In addition, landlords are responsible for the maintenance of the stove, geyser, electric fence, alarm systems, automated gate motors, as well as the electrical wiring and plumbing,” says Scheltema.

“If there is a pool, the landlord is responsible for fixing any pool leaks, pump, and keeping the pool covers in good condition, which requires special attention given the water restrictions.”

Should normal ‘wear and tear’ occur, any repairs are required to be made by the landlord, and if they threaten the safety of the tenant, this should be given high priority. “Certain insurance policies do not always cover wear and tear, so it is crucial to routinely maintain the property’s general upkeep. For example, homeowners’ insurance is highly suggested as it protects landlords in the event of burst geysers,” says Scheltema.

Security

When it comes to tenant safety, the obligation is for the landlord to provide at least adequate security. However, ‘adequate’ in terms of security, can be interpreted differently depending on the area where the property is sited. For example, in a high-crime region, a property with just basic security may not be enough to protect a tenant and if it can be proven that the landlord was aware of the high-crime statistics should an incident on the property occur - depending on the circumstances - and the landlord has not provided the right level of security, he may be exposed to a legal dispute.

If the landlord has, at least, installed basic measures, such as functional locks on doors, sufficient lighting, and security gates for example, this may be considered acceptable.

Importance of inspections

Inspections are crucial to ensure safety. “Any aspect that causes a serious threat to a tenant and his/her visitors has to be dealt with responsibly and quickly, and details should be included in the lease agreement,” advises Scheltema. “During a pre-inspection, the tenant should be paying attention to maintenance because it will indicate how well the landlord prioritises renter’s safety.

“Also to be noted during this inspection, and recorded by the future tenant are potential hazards. For example, a live wire could cause a fire, an unattended drainage issue could create a flooding situation, and worse, any evidence of mould that can create or exacerbate breathing difficulties. These should be repaired before the tenant takes occupation.”

Lease agreements

Landlords and rental agents have to disclose in the lease agreement, any specific dangers. For example, flood lines … a general disclaimer is not sufficient if there are known regular threats or occurrences such as crime. Verbal warnings may or may not be sufficient, it depends on the threat and witnesses to the warning.

“The lease agreement is the go-to for clarity on safety and security. They should be drafted to outline the responsibilities and duties of both the landlord and the tenant. If they don’t, it should be a major red flag, and I highly recommend the tenant either request those inclusions, or find another property to rent,” says Scheltema.