Who is Responsible for Repairs – Me or the Tenant?
As landlords, one of the most common and often misunderstood issues we face is the question of who is responsible for repairs – the landlord or the tenant?
Understanding these responsibilities is essential to maintaining a good landlord–tenant relationship and ensuring compliance with the law. If expectations are not clearly outlined, disputes can arise, leading to unnecessary conflict, financial strain, and even legal proceedings.
The Legal Framework for Repairs
In South Africa, the Rental Housing Act and the Consumer Protection Act (CPA) provide the foundation for repair responsibilities.
- The Rental Housing Act obliges landlords to ensure that rental properties are habitable, structurally sound, and safe.
- The CPA protects tenants from unfair practices and gives them rights when a property is defective or not as promised in the lease agreement.
These laws ensure a fair balance between landlords maintaining their properties and tenants treating the premises with care.
Landlord’s Repair Responsibilities
A landlord has a legal duty to ensure that the property remains habitable. This includes structural integrity, safety, and essential services.
Structural Maintenance
Landlords must maintain the overall structure of the property. This covers:
- Walls, ceilings, floors, and roofs
- Gutters, downpipes, and foundations
- Windows and doors
If a wall cracks or a roof leaks due to age or wear, it is the landlord’s responsibility to repair it.
Essential Utilities
Basic utilities must always be kept in working order. Landlords are responsible for:
- Electrical wiring and sockets
- Plumbing and drainage
- Hot water systems and geysers
- Gas lines and compliance
If these systems fail through no fault of the tenant, the landlord must fix them promptly.
Health and Safety Standards
Landlords must ensure the property meets health and safety regulations. This may include:
- Fixing mould caused by structural dampness
- Addressing pest infestations from building faults
- Ensuring fire safety measures are in place
Appliances and Fixtures
If appliances such as a stove or oven are supplied as part of the lease, the landlord must repair or replace them if they fail through no fault of the tenant.
Tenant’s Repair Responsibilities
Tenants are not responsible for major structural issues but must take care of everyday maintenance.
General Upkeep
Tenants must keep the property reasonably clean and maintained. This includes:
- Cleaning regularly
- Replacing light bulbs
- Unblocking drains clogged through misuse
- Maintaining gardens as agreed in the lease
Damage by Negligence
Any damage caused by the tenant or their guests must be repaired at their expense. Examples include:
- Broken windows
- Burn marks on carpets
- Holes drilled into walls without consent
- Damaged appliances from misuse
Reporting Issues
Tenants must report problems promptly. Ignoring a small leak that leads to flooding could make the tenant liable for part of the damage.
Common Grey Areas
Despite clear rules, some repair issues cause disputes.
Wear and Tear vs Damage
- Wear and tear (like faded paint or worn carpets) is the landlord’s responsibility.
- Damage (like stains, burns, or holes) is the tenant’s responsibility.
Outdoor Areas
Responsibility for gardens, pools, and outside spaces should be clearly stated in the lease. If not, disputes may arise over upkeep.
Appliances Not in the Lease
If appliances are left in the property but not listed in the lease, it may be unclear who maintains them. A proper inventory prevents this confusion.
Importance of a Detailed Lease Agreement
A well-drafted lease agreement can prevent repair disputes. It should:
- Clearly define repair responsibilities
- Specify who maintains the outdoor areas
- List all appliances and fixtures
- Outline procedures for emergency repairs
- Set timeframes for repair reporting and completion
A lease aligned with the Rental Housing Act ensures both parties know their duties.
Consequences of Not Doing Repairs
If either party fails to meet repair obligations, consequences follow.
Landlord Fails to Repair
- Tenants can approach the Rental Housing Tribunal for enforcement
- Tenants can cancel the lease if the property is uninhabitable
- Landlords may face financial penalties or be ordered to reduce rent
Tenant Fails to Repair
- Landlords can deduct costs from the deposit
- Landlords can claim damages through the Small Claims Court
- Severe neglect may lead to eviction proceedings
Practical Steps for Landlords and Tenants
To avoid disputes, landlords and tenants should adopt these practices:
- Conduct and document a property inspection before the lease starts
- Take dated photographs of the property’s condition
- Keep a written log of repair requests and actions taken
- Use professional contractors for significant repairs
- Communicate repair issues in writing to keep records
Building a Fair Relationship
Landlords should see repairs as protecting their investment. Tenants should see maintenance as their responsibility to keep the home livable.
A balanced approach, based on fairness and law, ensures a better rental experience for both sides.
By clearly defining responsibilities, responding quickly to repair needs, and relying on a strong lease agreement, landlords and tenants can avoid most conflicts and maintain a professional relationship.
FAQs
What counts as fair wear and tear?
This is natural deterioration from everyday use, like worn flooring or fading paint. It is not damaged from neglect or carelessness.
Can tenants withhold rent if repairs are not done?
No, tenants cannot legally withhold rent. They must approach the Rental Housing Tribunal if landlords fail to carry out repairs.
Who pays for emergency repairs?
If the emergency relates to essential services or safety, the landlord pays. If caused by tenant negligence, the tenant pays.
Can landlords deduct repair costs from deposits?
Yes, but only for damages beyond fair wear and tear, not for routine maintenance.
What if the lease doesn’t mention repairs?
Then the Rental Housing Act applies: landlords cover major repairs, tenants handle minor upkeep.
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Useful External Links
https://www.gov.za/documents/rental-housing-act
Disclaimer:
This post is for general use only and is not intended to offer legal, tax, or investment advice; it may be out of date, incorrect, or maybe a guest post. You are required to seek legal advice from a solicitor before acting on anything written hereinabove.
