Property Management to Tend to Non-Functioning Electrical Fencing at Silverstream Complex

"Landlord" in this case shall also refer to the Property Management Company of Silverstream Complex, Trafalgar.

Background:

Just as a landlord has certain expectations from their tenants – for example, paying rent on time and honouring the stipulations of the lease agreement – a tenant also has certain expectations from their landlord. Ultimately, renting should be a mutually beneficial agreement where all parties are respected and working towards a harmonious contract.

The Rental Housing Act and its accompanying Unfair Practices Regulations are clear that any landlord should offer the property in a condition ‘reasonably fit for the purpose for which it was let’.

The regulations further expand that the landlord is responsible for repairs and maintenance as defined in the lease or as found on inspection of the property.

The landlord is also required to keep and maintain the property by following Health and Safety standards.

The Rental Housing Act places an obligation on the landlord to provide the tenant with a dwelling that is in a ‘habitable’ condition. This means the property must be safe and suitable for living with specific reference to: 

• Adequate space;

• Protection from the elements and other threats to health;

• Physical safety of the tenant, the tenant’s household and visitors; and

• A structurally sound building.

Landlords and agents should conduct regular inspections of the property to identify and potential problems early on.

Furthermore the Landlord must ensure that the tenant enjoys undisturbed use of the property by maintaining the outside environment, including the electrical systems of the property. The Landlord must repair any damage or replace items caused by fair wear and tear.

The Unfair Practice Regulations of the Rental Housing Act also stipulate that the Landlord must effect repairs for which he is responsible (as identified during inspections or on receipt of a notice from the tenant to do such repairs) – within 14 days or such further period as agreed between the landlord and tenant.

Complaint:

It has come to our attention as the residents of Silverstream Complex that the electrical fencing around the property is not working.

As a result, various residents have experienced multiple traumatizing break-ins and burglaries. 

We attribute this also to there being ease of access to the property as a result of the fault in the access security measure being the electrical fencing.

On our occupation of the premises, Safety and security was part of the package of the lease agreement in the form of, inter alia, access barriers such as electrical fencing.

Request:

We therefore ask that the Property Managers, Trafalgar, rectify this safety issue by affecting repairs to the electric fence as early as possible within 14 days per above contextual regulations.

We cannot stress the amount of trauma and disturbance this has caused to our mental peace due to the ongoing security threat and ask that the Property Managers will see the urgency of this request.

We therefore ask for a quick and amicable resolution of this security matter for the sake of ours and our families' rights, security, and mental peace.

Regards,

Silverstream Complex Residents

11 August 2022

Cam Dali, Silverstream Resident    Contact the author of the petition