Consumer Affairs – 30 October 2015

It’s that time of year again! Matric Rage is just around the corner, and holiday let time is very clearly on the horizon.

If you are renting out your property, whether it be for the Rage (brave person) or if you are letting your property during the festive season, you need to make sure that your lease agreement is watertight!

It needs to stipulate who will be responsible for what.

I spoke to Re/Max Panaches’ Grant Gavin, who holds regular Property Talk workshops around KZN and this is what he told us.

“An inspection of the premises should take place before occupation. Generally speaking, basic wear and tear on the interior of the premises, tiling, carpets and fittings are the responsibility of the tenant. The exterior (excluding the pool and garden), plumbing and electrical faults are the responsibility of the owner.”

Grant stresses that, to be on the safe side, photos should be taken of the interior and exterior of the property, by the owner, and sent to the tenant.

This is also the time of year that parents start looking for digs for their varsity student offspring.

We recently had a letter from a mother whose son was renting a flat in Joburg on the first floor of the complex and there was a problem with water seepage from the bathroom.

“Apparently the water is seeping down to the ceiling of the unit on the ground floor. The agent has asked my son to repair the seepage which costs about R2 000. Please advise if this is my son’s responsibility or the agent, body corp or the owner?”

This clearly sounds like structural damage, in which case, according to the CPA, the owner is liable to pay the bill.

Section 51 of The Consumer Protection Act (CPA) states that a supplier cannot make an agreement subject to any terms which directly or indirectly:

– Waive or deprive a consumer of a right in terms of the CPA.

– Avoid a supplier’s obligation or duty in terms of the CPA.

Furthermore Section 51 states that an agreement cannot be subject to a term which:

– Limits or exempts the supplier from liability for any loss attributable to his gross negligence.

– Constitutes an assumption of risk or liability by the consumer for such loss.

– Imposes an obligation on the consumer to pay for damages.

In addition, in terms of Section 51 a supplier may not make an agreement that falsely expresses an acknowledgement by the consumer that before the agreement was made, no representations or warranties were made in connection with the agreement by the supplier.

This is important because in respect of Section 51 if any term of the agreement contravenes the above that term is void.

I think there are two very important lessons to be learnt from this section.

Non-compliance with Section 51 can lead to a term of an agreement or the entire agreement being void and therefore not enforceable.