As a constitutional right, everyone should have access to clean water. Even during a water crisis. In cases where there is a signed agreement between a tenant and landlord pertaining to the supply of water, the obligations stated in the rental agreement should be met by the respective party. Should one of the parties fail to oblige, the agreement may be terminated. Parties to this contract should, however, understand the changes that come with crises.
Common law recognises any crises that could not have been halted or anticipated as “An Act of God”. These are the rights pertaining to rental agreements during a water crisis:
Ongoing water supply:
- If the municipality reduces water supply, tenant may not cancel lease agreement or claim reduced rental.
Services supplied to tenant (swimming pool, sprinklers etc.):
- Should day zero come and water supply is cut off, landlords may not continue charging tenants for these services if they are no longer available.
Reduced utility charges:
- Tenants are within their rights to negotiate that their utilities amount be reduced to account for what the landlord would be paying on their behalf.
Municipal bills and fines:
- The landlord must pay these to avoid water supply being cut off for the tenant. The landlord may claim that money back from the tenant.
Maintenance responsibilities (refilling the pool, watering gardens etc.):
- Tenants are exempt from complying with these responsibilities if they contravene with water restrictions.
The water crisis, which has affected mostly the Western Cape, has seen the municipality put restrictions on water usage, cut water supply at certain times of the day, and increase the water rates. Most lease agreements make provision for the responsibility of water usage – the tenant could either be billed monthly, or the rental amount could be water inclusive. If the water bill is the tenant’s responsibility, then they will be liable for the increased water prices. If the rental amount is fixed, any fluctuation in the water bill will be absorbed by the landlord.
This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)