Crime is a reality in South Africa. It is natural, therefore, to expect families to prioritise their safety even when looking for a rental. Generally, when you are looking for a property and if faced with a choice between many, you will likely choose the one with the best security, and in some cases you may even have to pay a little extra for that property.
As a general rule, the higher level of security measures in place, the more attractive a property becomes but how much is enough and does the landlord have to provide security?
Obligations
Landlords do have an obligation to ensure that their lessees should not be exposed to any unnecessary risk to life. If it can be proven that the landlord is aware of security threats, such as frequent break-in’s in the area or on the property, and does not reveal this to you before you sign a lease, or if the landlord be found to have deliberately concealed these facts, you may be able to hold the landlord as negligent and accountable for any damage suffered.
The Rental Housing Act, and the Unfair Practices Regulations require a landlord to offer a property as reasonably fit and habitable. However, the landlord is only responsible for providing security measures if they say or specify that those security measures will be provided or are already in place and working. These details should be contained in the lease.
No security measures?
Where there is no or insufficient security, you should negotiate with the landlord for measures to be installed, prior to moving in. If the landlord does not agree, you can consider installing your own, bearing in mind that when leaving the property permanently, the property will need to be restored to its former condition. The landlord may also agree to share the cost of some of the installations, which must also be negotiated in terms of how you, as the tenant, will be remunerated when vacating the premises.
If there are security measures, and you damage those while in residence, you will have to cover the cost of repair.
Encouraging security installations
Obviously it is in the landlord’s best interest to make sure his property is secure. If a burglary does occur and there is damage to the property, the landlord will need to make repairs, either through his insurance or out-of-pocket. You should know that by including security measures, the landlord will pay less for their insurance premiums, and this is a good motivator for convincing a reluctant landlord to install security measures.
Checks
Before moving onto a property, you should be checking to ensure that all existing security measures are in good working condition before signing a lease. Also on the pre-inspection (before moving in), you should do a second check with the landlord. If at anytime the security systems fail, or deteriorate, you should immediately advise the landlord and request repairs be made as quickly as possible for your and your families protection..
Types of security
Security measures can be costly, depending on what level is required. As a tenant, you should be asking for at least the bare minimum, such as lights, alarms, and fencing. These are other security measures that you should ask about:
Background checks: Is the landlord aware of criminal activity in the area, inclusive of parked vehicle theft?
Sufficient and proper lighting: this deters criminals and alerts tenants to unwarranted movement on the property.
Walls: The entire property should be contained by strong walls, and the higher they are, the more difficult it is for criminals to scale.
One entrance: it is easier to monitor who enters or leaves the property.
Electric fencing: this is considered an excellent deterrent. Ask whether it is operational 24-hours, or at limited times.
Alarm system: Is it linked to a home protection security company or armed response, and how quickly is the response? How many remotes or emergency buttons will you receive?
Camera’s and surveillance
If there is such a system, are there any grey areas that the camera’s do not cover, and do you have access to monitor the camera’s? Door and gate camera, and intercom: Are you able to see who is at the gate or door, and respond to via voice?
Door locks & chains
The more lever’s in a lock the better as it makes it more difficult for criminals to bust. Similarly a door chain allows a tenant to open a door with some protection should they be answering the door to a stranger.Security gates
Do all exit/entry doors have a security gate, what type of gate is it, and does it have slam-lock features? Keys: How many people have keys to the property?Agent liability for tenant safety in South Africa
In South Africa, real estate agents play a crucial role in ensuring tenant safety during the rental process. According to South African law, agents are responsible for disclosing any known defects or safety risks related to a property they are marketing. Under the Estate Agent’s Code of Conduct and common law, agents have a duty to inform both landlords and prospective tenants about any patent defects (obvious, visible issues) they become aware of during property inspections. If an agent fails to disclose these defects, they can be held personally liable for any harm caused. However, once they disclose the defect to both parties, their liability shifts, and the responsibility falls on the landlord to rectify the issue or on the tenant to decide whether to proceed with the lease despite the risks. This duty of care makes it essential for agents to conduct thorough inspections and communicate transparently with both landlords and tenants to avoid any legal repercussions.
Again we emphasise that it is extremely vital that you communicate your security needs and concerns before signing the lease agreement, and that you ensure all aspects of the security of the property are included in the lease.
