Just Letting
Home
maintenance
S
o, you have been renting out your home for just
over a year now and have recently noticed a
few electrical glitches and plumbing problems.
But, who is actually held responsible for maintaining
the property?
Both the tenant and landlord must perform
inspections when the previous tenant has moved out,
and the new tenant moves in. A record of any defects
or subsequent damage to the property must be kept.
The landlord has the right to enter the property
to perform necessary routine inspections. The tenant
does not have the right to deny the landlord access
to the property for this inspection, and the landlord
cannot enter private property without prior consent
from the tenant.
If the landlord does not perform both inspections,
then it is assumed that the property is in good
‘working’ order and is habitable. The landlord will
thus have no further claim for damages. However,
if arrangements were made for the inspection and
the tenant did not respond, the landlord is entitled
to access the property within seven days of the
expiration of the lease.
The landlord will make an assessment for any
damages that may have occurred. When the tenant
has caused damage to the property the landlord is
entitled to use the deposit, paid by the tenant, to
repair these damages.
While some laws state that the property must
be handed over to the new tenant in a ‘voetstoets’
manner, or ‘as is’ (i.e. in the same condition), the
landlord must ensure the property is in a livable
condition. The law states that the landlord must
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Issue 7 2015
maintain the property to make it clean and safe
for the tenant. However, the landlord is under no
obligation to fix minor defects supposedly deemed
necessary by the tenant; such as missing keys to
internal rooms, blown light bulbs, as well as squeaky
doors and floors.
“Who is actually held
responsible for maintaining
the property?”
According to most lease agreements, the landlord
is responsible for the maintenance and repairs to
the interior of the property such as any electrical
or plumbing equipment. The tenant, however, is
responsible for the minor maintenance of the inside
of the property such as missing keys to internal
rooms, blown light bulbs, as well as squeaky doors
and floors. The body corporate is responsible for the
maintenance of exterior areas such as the garden,
garages and pool, which are paid for by the monthly
levies.
Generally, your lease agreement will have a
clause that states that the landlord will only sanction
maintenance of, “items which render the property
unfit for the purpose for which they were let
(i.e. not livable).” These items can include water,
electricity, a burst geyser, a non-working oven, stove
etc. Maintenance of these broken items need to be
attended to and fixed accordingly by the landlord.
Just Property Magazine