The lifts at Hajra Court flats in Overport, Durban, have not worked for 25 years " since they were shut down by the department of labour. Picture: Sayed Iqbal Mohamed The lifts at Hajra Court flats in Overport, Durban, have not worked for 25 years " since they were shut down by the department of labour. Picture: Sayed Iqbal Mohamed
As the operation and function of lifts plays a major role in the lives of many tenants renting flats around the country, this column explores how the law treats this topic.
What information must be displayed in the lift?
The manufacturer’s name, the year the lift was installed, the rated speed and load in kilograms and the official number for the permission to install and use a lift.
Where does one report a lift that is faulty or poses a danger?
One can report it to the inspection and enforcement services (IES) in the department of labour.
What is the procedure to lodge such a complaint?
A written complaint must be sent to the IES either by fax or by post.
Is there a penalty for failing to maintain a lift?
Yes. If the owner or landlord is found guilty of breaking the law, he or she could be fined or imprisoned.
What if a tenant vandalises a lift?
The landlord can:-
* Lay a criminal charge.
* Cancel the lease.
* File a complaint with the Rental Housing Tribunal.
Can one approach the department of labour to have lifts operational or functional?
There is no law to make lifts operational once stopped by the department of labour due to safety and health reasons.
Tenants and other users of lifts have to endure extreme hardships due to non-functioning or dysfunctional lifts. It would appear that there is no law to compel owners to ensure that the lifts are functional once shut down for repairs.
The department of labour can stop lifts that pose safety and health hazards, but have no power to make them functional. Occupants living in high rise buildings, particularly the old, children and the frail, are forced to walk up many floors. Some are unable to do so and remain “imprisoned” on their floor.
Can one approach the municipality to have lifts made operational or functional?
While the National Building Regulations require a fireman’s lift in a building that exceeds 30m, the municipality has no by-law to intervene to make lifts functional. There are no enforcement measures, leaving lift users (tenants, occupants and owners in a sectional titles scheme) to endure hardship indefinitely.
Owners and landlords of buildings that have dysfunctional lifts often need to replace the lifts, but are not willing to spend money. Instead, they choose to have these repaired, when repairs provide a temporary solution.
In fact, some city officials claim that since tenants fail to pay rentals, their landlords are unable to ensure functional lifts. These views are misleading and without substance.
The OCR has started the process in January 2015 to engage the national ministers of Labour, Human Settlements and Local government to introduce changes to include: -
* introducing compulsory requirements to have lifts that are stopped for safety reasons, made functional within a specified period.
* relief to old, elderly and the frail by ensuring functional lifts.
* ensuring tenants’ use and enjoyment in terms of their common law rights are protected.
Lifts affect the quality of life of all residents of a building, having greater impact on the elderly, frail and those who have physical disabilities, particularly persons who are amputees, wheelchair-bound or who have heart conditions.
At the extreme end, such lifts pose a real threat to a person’s life and, over the past 15 years, several people have died in lift-related accidents.
The government cannot ignore the plight of lift users and must act swiftly to protect the health and safety of people in high rise buildings.
* Dr Sayed Iqbal Mohamed is the chairman, Organisation of Civic Rights.
For tenants’ rights advice, contact Loshni Naidoo or Pretty Gumede at 031 304 6451; e-mail: civicrights@ocr.org.za
