Protecting Your Home
Top tips for choosing the right security company. Crime is a pressing concern in South Africa, and securing your home adequately is crucial. A robust security system, backed up by reliable response and maintenance teams, is a strong deterrent against criminal activity. It reduces the likelihood of break-ins, theft, and violent crime, giving you greater peace of mind in the face of the following alarming crime statistics: Housebreaking – a burglary that takes place when residents are away from home – is the most common crime experienced by households in South Africa, according to Stats SA. An estimated 1.6 million housebreaking incidents occurred during 2022/23. Home robbery – or home invasion – is regarded as a violent crime, as it takes place when people are in the house. This is the second most common crime experienced by South African households. An estimated 238,000 incidents occurred in 2022/23, according to Stats SA. An estimated 1,520,000 incidents of theft of personal property occurred in 2022/23. Many security companies offer a variety of services, so it can be daunting to choose a suitable company that meets your needs. This decision is not just about finding a service provider – it’s about ensuring your family is safe, and protecting your most valuable assets. It’s essential to make an informed choice, weighing costs against system and service quality. Assess your security needs Before approaching any security company, start by evaluating your home’s security requirements. Consider factors such as: Location: Areas with higher crime rates usually need more robust security solutions. Property size and layout: Larger properties may require more extensive coverage, including additional perimeter security. Existing security measures: Assess whether current measures, such as alarm systems or electric fencing, need upgrading or augmenting. Research security companies Once you have a clear understanding of your needs, start researching security companies. Keep these points in mind: Reputation: Look for companies with a proven track record in your area. Online reviews, testimonials, and word-of-mouth recommendations from friends and neighbours are invaluable. Accreditation: Ensure that the company is registered with the Private Security Industry Regulatory Authority (PSiRA). Range of services: Compare services, including armed response, monitoring, and tech integration (such as CCTV and smart home systems). Understand the costs Security is an investment, but balancing cost with value is crucial. Ask for detailed quotes from several companies, including the following: Installation costs: Some companies charge upfront for equipment and set-up. Others offer ‘free’ security installations when you sign a contract for their monitoring or armed response services, with costs incurred later for equipment, monthly fees, and penalties for early contract termination. Monthly fees: Costs for monitoring and armed response vary. Clarify what these fees cover, and check for discounts. Some companies offer reduced fees for senior citizens, and if you are a body corporate member, you can negotiate a discount for the residential complex. Additional charges: Be aware of charges for excessive false alarms, and extra services such as maintenance. Evaluate technology and equipment AI is enhancing the efficiency, accuracy, and responsiveness of home security systems. It enables smart integration with other home devices, supports facial recognition – distinguishing between family members (and pets) and potential intruders – and incorporates automated responses such as locking doors, triggering alarms, and alerting authorities when a threat is detected. When choosing such a system, enquire about: Equipment quality: High-quality cameras, motion sensors, smart doorbells, and locks are generally more reliable and durable in the long term. Ease of use: The interface should be user-friendly and easy to manage. Data privacy: Ensure that the system has robust data encryption and privacy policies. Accuracy: Look for reliable threat detection and low false alarm rates. Integration: Confirm compatibility with existing smart home devices. Updates: The system should allow software updates for improved functionality. Review contracts carefully Security contracts often come with various terms and conditions. Before signing, pay attention to: Contract length: Some companies lock you into long-term contracts with penalties for early termination. Service level agreements: These outline the response time, maintenance schedules, and other critical services. Ensure that they meet your expectations. Cancellation policy: Understand the terms for contract cancellation or changes, to avoid unexpected costs. Build a strong relationship Choosing the right company is just the beginning. Managing the relationship well helps ensure that you get the best service from your security provider. Be sure to: Communicate regularly: Stay in touch with the company, and read their updates on security trends and potential threats in your area. Conduct system maintenance: Ensure that your security system is maintained and tested regularly to avoid failures during emergencies. Report issues timeously: Provide feedback on the service received, and report any issues immediately. Follow up on such feedback and reports in writing. Check customer support Reliable support is essential for troubleshooting and updates. The following is recommended: Backup power: Ensure that the company provides power solutions to keep your home secure during load shedding or power outages. Advances and upgrades: Security needs evolve, so stay informed about new technologies and potential upgrades. Records and reporting: Keep records of all incidents and service shortcomings, and contact your security company’s support team with specific details of any concerns. Arrange a meeting with a representative to discuss your dissatisfaction directly, and suggest improvements. Escalation: If your issue remains unresolved, escalate the problem to management or a regulatory body like PSiRA. If problems persist, consider other security companies. Your family’s safety is too important to take chances. Do your homework, and choose an appropriate system for your needs, so that you can enjoy your home without constant worry. Written By Sarah Nicholson Sarah Nicholson is an operations manager. While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither the writers of articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes.
Tenant ‘Red Flags’ and How to Avoid Them
The wrong tenant can have a lasting negative effect. The residential property industry continues its upward trajectory, and investors are getting in on the action. However, with the rise of investors choosing to take advantage of low prices and invest in ‘buy-to-let’ properties comes an excess supply of rental properties in areas with high supply and low demand. Residential rental vacancies in Gauteng are currently sitting at a high rate of 11.9%, while the Western Cape is sitting at a slightly lower 11.4% vacancy rate, according to TPN’s 2021 Q4 data. Although landlords may be getting desperate, industry experts advise you to think twice before signing on the first tenant who comes your way. Placing a tenant in your vacant property might help curb your losses in the short term, but putting the wrong tenant in can have a lasting negative effect. Contrary to popular belief, the law protects both the landlord and the tenant’s rights—and both parties are strongly urged to do their due diligence prior to signing a lease agreement. In terms of obligations, those of the tenant include the requirement to pay rent promptly, to take care of the property, and to return the property in the same condition in which it was received. Landlords, on the other hand, are required to provide the tenant with access to a safe home in good working order. They are also required to maintain the exterior of the building and to protect the tenant’s deposit. While some properties are enjoying an influx of rental applications, others are desperately seeking tenants—both of which are at risk. Receiving a rental application is a big relief for a landlord, so much so that they often overlook several red flags. Unfortunately, the price of avoiding the warning signs and securing a problem tenant carries a high price for landlords. This is because evicting tenants is a long and costly process in South Africa, requiring landlords to serve tenants with a ‘tenant eviction notice’ before they are entitled to a court hearing. Even if the court process rules in the landlord’s favour, only a court-appointed sheriff is allowed to remove the tenant’s belongings – and this process can take weeks, if not months. The obvious red flags While some of these red flags can be avoided by using a reputable letting agent (and agency), some of these obvious ones are often overlooked. A poor credit score A credit score refers to one’s ability to pay back their debt on time. The COVID-19 pandemic has further exacerbated high levels of debt in South Africa, and this will be a prevalent issue for years to come. Therefore, prior to signing on a tenant, a thorough credit check should be run. A credit score of 610-plus is generally acceptable. Affordability The general rule of thumb is that one’s monthly rental should not exceed 30% of their monthly salary. Accordingly, an assessment of a prospective tenant’s affordability will give a landlord a clearer idea of their monthly income and expenditure. Agents and landlords should ensure that the tenant has enough income left over to pay their rent, electricity, and water (where required). References A tenant will require a reference from previous landlords to determine their behaviour as a tenant. A reference tells the landlord who the tenant is, and whether they are reliable. If the prospective tenant has no prior rental history, they will need to either arrange a co-signature on their lease agreement or offer to put another credible reference forward, such as their employer. The not-so-obvious red flags This list of potential red flags includes those that do not readily come to mind, which results in many landlords overlooking them in the tenant screening process: Employment history Employment is hard to come by. However, some prospective tenants’ short employment histories can tell a different story. Job hoppers or people who run into trouble in the workplace can sometimes display this kind of behaviour in their home lives as well. Criminal history Performing a criminal background check may sound extreme, but this is a standard part of the hiring process in many industries—and rentals should be no different. Some companies such as TPN provide a SAPS criminal background check to landlords as part of their Credit Check offering to ensure that your tenant is safe, honest, and reliable. General behaviour Quite often there are red flags from the very first engagement with a tenant. In some cases, they are hard to reach, or can be extremely difficult and demanding for no apparent reason. This is another reason why it’s important to use a rental agent whose judgement you can trust. Ensuring a good tenant-landlord relationship Here is some advice that will help landlords to ensure a smooth relationship with their tenant: Always communicate In cases where the tenant already occupies the property, be sure to communicate—and put everything in writing. Remain calm and rational should something go wrong and seek advice from estate agents and, when necessary, your attorney. Don’t be fooled by fast cash Don’t fall into the trap of accepting a large sum of cash upfront instead of regular rental payments. Just because they have the money now, doesn’t mean they’ll have it in four months’ time when the next payment is due. Don’t rush In cases where the tenant is dragging their feet about signing the rental agreement, don’t lose hope yet. Try your best to clearly communicate, perform all the necessary checks, answer any questions they may have, and spend a few days mulling over your decision before jumping into a lease agreement. Trust your gut Much like in any relationship, if something feels off when you’re engaging with a prospective tenant, trust your instincts. Paperwork can be forged, but your intuition is rarely wrong. WRITTEN BY GRANT SMEE Grant Smee is a property entrepreneur and a managing director. While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither the writers of the articles
Intending to buy a state-funded house? Here’s what you need to know
The Constitution of South Africa enshrines the right of everyone to have access to adequate housing. This places a mandatory duty on the state to achieve this right for all South Africans through its available resources. The government introduced the Reconstruction and Development Programme (RDP) as its social housing programme to provide low-income families with sustainable housing. Despite the substantial commitment by the government, there have been cases of illegal sales and fraudulent activities related to state-funded houses. The purpose of this article is to establish whether state-funded houses may be sold. Section 10A of the Housing Amendment Act (hereafter referred to as the “act”) is the relevant provision to consider in the regulation of the sale of state-funded housing. Section 10A of the act provides that notwithstanding any provisions to the contrary in any other law, it shall be a condition of every housing subsidy, as defined in the Code, granted to a natural person in terms of any national housing programme for the construction or purchase of a dwelling or serviced site, that such person shall not sell or otherwise alienate his or her dwelling or site within a period of eight years from the date on which the property was acquired by that person unless the dwelling or site has first been offered to the relevant provincial housing department. In the case of Adul v William and Others, the appellant concluded an agreement of sale and purchased a property from the respondents. Upon establishing that the property was subject to a restrictive condition imposed by section 10A of the act, the parties subsequently concluded another agreement wherein they agreed that the appellant would rent the property until the restrictive condition expired. The appellant was also required to pay municipal rates and taxes in terms of the second agreement. The appellant fell in arrears with paying the municipal rates and taxes. The respondents instituted eviction proceedings against the appellant in the Magistrate’s Court. The appellant was ordered to vacate the property, which she refused. Aggrieved by the order, the appellant appealed the decision to the High Court and among her issues were that: The act did not explicitly state that an agreement made in violation of section 10A would be rendered null and void. The lower court (court a quo) should have considered the inconvenience and impropriety caused by declaring the sale agreement null and void. The court found both agreements to be void ab initio (have no legal effect from inception), and thus nullity because their conclusion contravened the restrictive provisions of s10A of the act. Neither the appellant nor the respondents are the owners of the property. The ownership reverted to the relevant department of housing. The court held that the interpretation of s10A of the Act must be viewed in the context of the government’s constitutional obligation to provide adequate housing for indigent persons. The absence of the restriction provided for in s10A of the act would permit persons who were not indigent, to buy state-subsidised houses meant for the poor to profit from the sale or lease of such properties on the open market. Clearly, that would frustrate the objective of the act. Considering the foregoing, the act restricts the voluntary sale of state-funded houses, because it goes against its main objective. The provisions of section 10A of the act need to be clearly considered by the RDP prospective buyers before they pay any purchase price or conclude any agreement of sale. Reference list: Abdul v Williams and Others (CA227/2018) [2019] ZAECGHC 103 The Housing Amendment Act 4 of 2021 WRITTEN BY SINAZO MAU-MAU Sinazo Mau-Mau is an Attorney at Miller Bosman Le Roux Attorneys. While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither writers of the articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes. Powered by SucceedGroup