*Article updated 29 April 2024
Most tenants taking out a new lease expect to move into a clean, well-maintained home. Likewise, landlords expect to receive their properties in good condition when those tenants leave.
Despite very clear expectations at the outset, however, Roger Lotz, franchisee for Rawson Properties Helderberg, says things can get a little fuzzy over the course of the lease.
READ: Rental disputes? | How to resolve them without incurring legal costs
“One of the most common misunderstandings we see arising between landlords and tenants is the division of property maintenance and repair responsibilities while the tenant is in residence,” he says. “Tenants often believe maintenance is solely the landlord’s responsibility, while landlords often think tenants are required to keep the property in ship shape. Neither of those assumptions is entirely accurate, and they can both cause a lot of anger and resentment.”
Landlord responsibilities
According to both common law and South African regulations, a landlord’s first responsibility is to make sure their property is in a good state of repair when the tenant moves in.
“That doesn’t mean everything in the property needs to be brand-spanking-new,” says Lotz, “but everything should be clean, safe and in working order. That includes electricity supply, plumbing, any heating or ventilation systems, doors, windows, fittings, fixtures, and any appliances included in the rental.”
Landlords’ obligations don’t end on tenant occupation, but division of responsibility for ongoing repair and maintenance work is usually negotiated as part of the lease agreement.
“Typically, landlords take care of the more structural elements of the property, including roofs, gutters, windows, doors, plumbing and electrical,” says Lotz. “They may also handle repairs to any appliances included in the rental, although this – like most things – is up for negotiation.”
Tenant responsibilities
Tenant responsibilities vary from rental to rental, which is why Lotz says it’s a good idea to list them very clearly in the rental agreement.
“Tenants usually take charge of more basic property maintenance like cleanliness, garden and pool care, and any intentional or unintentional damages,” he says.
Lotz notes that that fair wear and tear is not considered damage, however, and tenants should not be held responsible for items naturally reaching the end of their lifespan.
“Carpets wear out, curtains fade, doors warp with age and appliances don’t last forever,” he says. “Landlords need to budget for these inevitabilities, and can’t hold tenants responsible.”
The importance of communication
Because the division of landlord/tenant responsibilities can vary, Lotz says good communication is absolutely key.
“It’s so important that rental agreements list repair and maintenance responsibilities in black and white,” he says. “It’s also vital that both landlords and tenants take the time to read and understand these so they know exactly what their obligations entail.”
To avoid disagreements from the outset, Lotz says incoming inspections are also essential, ensuring everyone is on the same page as to the condition of the property at the start.
“Without an incoming inspection, it’s impossible to hold a tenant to account for damages, as there is no way to prove those damages weren’t there when they moved in,” he says. “Likewise, it’s essential to conduct a thorough outgoing inspection, not only to identify tenant-related damages – for which the tenant must be present if they want to minimise deductions from their deposit – and also to flag other repairs, maintenance and updates that need addressing before the next tenant moves in.”
In this, Lotz says a professional rental agent can be an invaluable partner.
“You only get so many opportunities to inspect a property and ensure it’s in good condition,” he says. “It makes a big difference when those inspections are done by a professional team working together to keep tenant placement, inspections, maintenance, procurement and billing all working together seamlessly.”
READ: Knowing your rights and obligations as a tenant can save you money
“Every home is likely to have at least one thing that needs fixing,” says Claude McKirby, Co-Principal of Lew Geffen Sotheby’s International Realty in the Southern Suburbs and False Bay, “and whilst issues like chipped kitchen countertops are merely unattractive, other problems could become extremely costly – or even dangerous – down the line.
He adds that even if you aren’t planning to sell in the near future, if you let maintenance slide, when you do eventually decide to put your home on the market, you could be in for a rude shock at the cost of making all the necessary repairs.
READ: 5 value-adding home maintenance tips that can help you sell
McKirby says that whilst many issues can be ignored for several months – or even years – the following problems should be addressed as soon as they arise:
Slow drips or leaks
A slow drip can quickly turn into an expensive leak so always call in a professional immediately if you spot any signs of moisture damage on your ceilings or walls or notice any mould growth. The same applies to taps that constantly drip because, although a leaky faucet is unlikely to cause structural damage, it can quickly drive up your utility bill.
Roof repairs
The roof of your home is always going to be under a lot of stress as it’s constantly exposed to the elements and this can lead to all kinds of problems, from simple leaks to damage caused by falling branches and trees. And damage to a roof will always get worse and often very quickly, so never ignore any signs of damage.
Clogged gutters
Homes with gutters are prone to clogging due to the growth of algae and the accumulation of leaves and other debris and most issues are avoided with regular cleaning to assure a free water flow.
However, it’s a task that is easily forgotten about and often avoided, especially in winter and can quickly lead to much bigger problems such as roof leaks. Also, consider adding gutter guards to keep out leaves and debris and attend to out-of-place shingles and cracks on time.
Electrical faults
This is one of the most dangerous problems you can have because not only can it cause damage to your property it can also put your family at risk so it’s definitely not something that you should ignore until it becomes a serious problem.
Damp spots
This is usually an indication that you have a leaking pipe in your ceiling or in your walls and therefore a potentially serious plumbing issue. If the spot gets worse after rain, then you probably have a leaking roof. Either way, don’t delay these repairs as these issues will only get worse over time.
Structural issues
The foundation of a critical part of the entire structure, and also one of the most expensive to repair.
And, whilst a few minor cracks may only be a sign of settling in the home, never ignore larger cracks as they could be a sign of serious structural problems with the foundation and they need to be check out thoroughly.
The easiest way to check the foundation is from the basement, but if this isn’t possible, looking at the door frames throughout the home can give you an idea if a house is experiencing structural problems. If they don’t appear to be square or doors seem to have difficulty closing, you need to consider commissioning a structural survey.
“Keeping to a regular maintenance schedule will help ensure you can handle many of the necessary repairs yourself without having to call in expensive experts,” advises McKirby.
“The best way to do so is to create a home maintenance checklist that includes regular home maintenance tasks to be done on a monthly, quarterly, or annual basis.
“In doing so, you will not only extend the life of almost everything in your home, you will also potentially save a lot of money over time. And some tasks can be broken up and done over time which will be easier and cheaper, both in the short and long-term".
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