Advice for tenants relating to water tanks, saving water and whose responsibility it is
Many home owners are installing rainwater tanks and grey-water systems to help them meet water restrictions and to protect themselves against a Day Zero scenario. Review spoke to a local property lawyer, Daniel Lediga, about who is responsible for supplying rainwater tanks and having them connected to the guttering.
POLOKWANE – Drought is affecting many parts of the country, even Polokwane.
Many home owners are installing rainwater tanks and grey-water systems to help them meet water restrictions and to protect themselves against a Day Zero scenario.
Review spoke to a local property lawyer, Daniel Lediga, about who is responsible for supplying rainwater tanks and having them connected to the guttering.
Lediga said while landlords are required to ensure their tenant enjoys an uninterrupted water supply in terms of Section 8(2) of the Unfair Practice Regulations, it is the state’s responsibility, however, to ensure a continuous supply of water. If they are unable to supply water, the landlord is not responsible.
“Unless the lease stipulates the landlord will ensure a continuous supply of water, he or she will have to look at installing rainwater tanks for tenants,” he explained.
He said most leases were drawn up before to the current drought, however, and since residential leases are mostly valid for 12 months, people make agreements with regard to this issue.
“A freaquint question is what happens if the tenant pays for a water tank, can they take it with them when they go if they return the property to its original condition?”
Lediga explained a fixture is called a fixture by how its installed. “A rainwater tank is normally placed on a flat surface and the weight of the water acts as an anchor. In theory, the tenant should be able to remove the tank once empty but this will require the tenant to fix up where the tank was placed. If the piping from the tank is joined with the existing pipe system to the house, the whole rainwater tank is classed as a fixture.”
He advised tenants to get permission from their landlord before any installation, adding the two parties can then also agree to what will be required at expiry of the lease.
He added, however, no lease can supersede a law or bylaw. “When restrictions include water usage like the backwashing/filling of a pool or the watering of a garden, a landlord cannot use a dry garden or half-filled pool as a reason to hold back the tenant’s deposit. In leases of flats controlled by body corporates, body corporates and the homeowners associations must encourage water saving and take action against unit holders who waste water.”
Lediga advised that, where possible, submetering should be installed to monitor the usage of units and that both tenants and landlords should know what is in the lease.
“The obligation to supply water rests with the municipality, who constitutionally is obligated to supply water to consumers. A landlord has an obligation not to interrupt supply of water received by tenants. So even if a tenant uses more water than allowed a month, a landlord or body corporate may not cut off the tenant’s water supply,” he said.
“Lease agreements should be linked to compliance with ‘house rules’ and these canchange from time to time. It is clear that water will continue to be a scarce resource for years to come. Keep this in mind when drawing up new leases. Consider an agreement on who is responsible for what when it comes to drought. Make sure there is complete understanding regarding what constitutes a fixture that remains when the tenant leaves and what the tenant may take with them,” Lediga concluded.
