According to Fletcher, the roof of the flat has been leaking on and off for years. She was informed by her tenant that the “water leak has damaged the overhead wiring and the ceiling lights of the kitchen and one bedroom shorts when she turns on the light”.
Fletcher organised a meeting with the trustees of the building, but they failed to attend. She is unsure of how to fix the leak if the trustees will not assist with the issues.
“The water leak has reached a crisis,” said Fletcher. “The Sandton town city council and the fire department say it is a sectional title issue and they cannot do anything.”
Fletcher said if an electrical short caused a fire in her flat and the tenant was injured, she as the owner would be held liable. “I feel that ignoring this situation could be classified as criminal neglect,” she added.
Chairperson of the trustees, Andrew Murray said, “June Fletcher’s concerns have been dealt with, and continue to be dealt with, through the appropriate channels via the body corporate and our managing agents.”
South African law states that a landlord:
-Must not discriminate against prospective tenants.
-May charge any rent he/she wishes but this should be reasonable.
-Do not have to supply a written lease, however if the tenant insists on this, the landlord must comply.
-Must issue a receipt for every payment received.
-Must put deposits paid by the tenant in an interest bearing bank account and written statements of interest should be available when requested.
-Have the right to prompt and regular payment of rent and if rent is not received on time the landlord may sue the tenant or obtain a court order to evict him/her.
-Must allow tenants the right to privacy and to enjoy their home undisturbed.
-Must carry out urgent repairs as and when necessary.
-Must not inspect the property without giving the tenant a reasonable amount of warning.
