Who is responsible for security in a rental property?
Crime is an unfortunate reality of living in South Africa and is one of the main priorities for tenants when looking for rental accommodation. But, is the landlord or tenant responsible for providing security?
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Tenants with a choice between properties are likely to choose the one with better security, even if it comes at a premium. In a competitive rental market, it is clearly in the landlord’s interests to ensure their property is secure and therefore more attractive to tenants. What may be less obvious is that he also has a legal responsibility to do so.
The Rental Housing Act and Unfair Practices Regulations require the landlord to offer a property both ‘reasonably fit’ for the purpose for which it is being let, and habitable. In addition, the property is the landlord’s asset and, in many scenarios, the tenant may be contractually prohibited from making security improvements to the property.
The tenant certainly has an interest in keeping his goods and family safe and if he has concerns, discussions regarding any improvements to security should be concluded and then reduced to writing before the he signs the lease.
Also read: Tenant vs landlord – who fixes what?
Most landlords will agree to either covering some of the cost or will allow the tenant to make upgrades on condition that the property is restored to its original condition on the termination of the lease, or that any improvements remain once the tenant vacates the property.
It is essential that tenants discuss this with their landlord before signing the lease, and add a clause covering the agreement to the lease. This is an important point because the tenant is liable for insuring his own goods on and in the property.
Once a tenant moves in they must ensure that the property is at all times secure, both to protect their goods and the landlord’s asset.
It is important that tenants remember to advise their insurance companies of a change in their address.
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