Is A Tenant Responsible For A Damaged Swimming Pool & A Neglected Garden Due To Water Restrictions?
The City of Cape Town implemented Level 4B water restrictions on 1 July 2017. These very stringent water usage requirements necessitate that landlords who are renting out units with gardens might have to reassess what the tenant is responsible for when it comes to looking after the property.
The new level of water restriction bans the use of any municipal drinking water to top up swimming pools or watering the garden, and any other non-essential purposes, and the City is encouraging people to use only 87 litres per person per day.
The problem with dealing with these water restrictions is that most leases would say that the tenant is responsible for the maintenance and upkeep of any swimming pool or garden, which he now cannot reasonably do. The garden may be watered with grey water, but this might not be enough to maintain a large expanse of lawn or large flower beds, and the tenant cannot fill the swimming pool with grey water. This leads to the legal term “Impossibility of Performance” being implemented and an alternative solution needs to be derived by landlord and tenant working together to manage the garden or pool.
Landlords need to bear in mind that the pool water level needs to be at a certain point for the pool pump to run effectively or safely and if the water level drops below a certain point the pool surface could crack or the shell could lift or warp. Rainwater harvesting methods, such as gutter sleeves, should be installed as the water harvested could then be diverted to the swimming pool. If the swimming pool pump needs to be back washed, this water should be recycled to the garden, rather than allowing it to go to waste.
Apart from using rainwater, landlords could consider installing grey water systems on their rental premises, so that any shower, hand basin, bath or washing machine water can be recycled into the toilets for flushing or to water the garden.
It is possibly also now time to reconsider the plants in the garden and replacing as many “thirsty” plants with indigenous or water-wise versions. Mulch should be laid down heavily to trap water and keep flower beds moist. A further step to saving water could be to replace lawn with artificial lawn, paving or gravel, so that the areas needing water are smaller and more manageable for the tenant.
Everyone in the Western Cape needs to pull together to get through the drought, and tenants cannot be held accountable for a damaged swimming pool or pump, or a neglected garden as the lack of water is beyond their control. A proactive approach is needed, where the landlord and tenant could perhaps come up with solutions that are agreeable to both.