Here’s a list of what your landlord is responsible for in your rented flat

Many people in South Africa rent and hold sectional titles rather than owning their own homes for several reasons. Anyone who lives in this type of arrangement knows it has its own fair share of challenges.

A common source of friction between landlords and tenants is determining who bears responsibility when disaster strikes, such as a burst water pipe, a collapsed ceiling or if the place burns down.

Ernest North, co-founder of Naked Insurance, said a renter might assume that the landlord and body corporate will sort it out for you. However, it is essential to understand where the responsibility lies for various unforeseen issues.

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Who bears responsibility for the rented flat?

He stated that the landlord or the body corporate, acting on behalf of the landlord, is legally obligated to ensure that the property being rented is safe and suitable for habitation.

“This includes repairs and maintenance of the building and its features. If a burglar breaks down a door to access the property or the DB board keeps tripping, the landlord should ensure the home is repaired to a liveable standard.

“In a sectional title, however, the body corporate usually facilitates the building insurance on behalf of the property owners. It is important to know what is insured, what is not, and where to start if you have a problem.” 

What building insurance should cover for rented flat

North added that the body corporate will usually be responsible for arranging building insurance on behalf of all owners. This will cover permanent fixtures that are part of the building’s structure – for example:

• Walls, floors, and ceilings
• Built-in cupboards and fitted kitchens
• Plumbing and electrical wiring
• Shared areas like stairwells, corridors, and roofs
• Hot water systems 
• Fitted inverters and solar panels

“The body corporate’s insurance will exclude anything that isn’t a permanent part of the building. If you could turn the flat upside down and shake it, anything that fell out would not be covered.” This includes:

• Furniture, electronics, appliances, and clothes
• Rugs, curtains, blinds, and other decor
• Personal belongings of any kind

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Your stuff, your responsibility 

However, all movable items the renter brings with them are their responsibility, regardless of how they get lost or damaged.

“This means you will need your own home contents insurance to protect the things you move into your rented home.

“Your contents insurance will cover you if your TV is stolen in a burglary or if your personal belongings are damaged in a fire. Bear in mind, if a burst water pipe ruins your rug, the cost of replacement will need to be covered by your contents’ insurance rather than the building insurance.” 

It is also advisable for renters to get personal liability cover. This form of insurance protects you against legal liability if you cause accidental damage to someone else’s property or hurt them by accident.

“A friend slipping on a wet floor in your kitchen and breaking their ankle, your child accidentally breaking your neighbour’s sliding glass door, or your forgotten tap flooding the flat under yours.”

The claiming process 

“So, what happens if something goes wrong in your rented property, like a storm that tears the roof off or a pipe bursts inside the wall?” Here’s how claims generally work:

• Notify the owner or their estate agent.
• They should contact the corporate body and ask them to claim or get their permission to claim directly. 
• Gather your proof and supporting documents, such as photos and damage reports.
• Simple claims (like geyser replacements) should be settled within days. 

A few final tips

• Ask your landlord for a copy of the building insurance schedule, so you know what is covered. 
• Keep records of any maintenance concerns you report to your landlord and correspond with them in writing. If you warn them about a leaking roof, for example, they could be liable for damages if they don’t attend to it. 
• Clarify geyser responsibilities: In some sectional titles, the body corporate covers geyser replacements, but not always. 
• If you rent a unit in a sectional title, find out whether the complex or landlord is responsible for any backup power provided (like solar panels or an inverter) and who maintains it.
• If you get contents insurance, you might need to specify some portable and high-value items on the policy. Things like smartphones, laptops, bicycles, and jewellery that leave the house with you may need to be specified to be fully protected outside your home.
• Even if you’re a young renter who doesn’t own a lot of expensive items, home insurance may be worth looking into simply for the personal liability protection it includes.

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