FAQs on Tenant and Landlord maintenance responsibilities

Natasja Vincent, Rental Manager, Just Property Port Elizabeth, Gqeberha (Formerly Port Elizabeth), responds to the most frequently asked questions by landlords and tenants.

Q: How important is the lease agreement , in terms of specifying what are the tenant's and landlord's different maintenance/repair work responsibilities?

The lease agreement is crucial as it clearly defines the responsibilities of both tenants and landlords. It ensures both parties understand their obligations and provides a written record to avoid misunderstandings.

Q: What are the differentiators?

Tenants are responsible for returning the property in the same condition as they received it, allowing for fair wear and tear. Any damage caused during their tenancy must be repaired by the tenant. Additionally, tenants are required to report maintenance issues promptly and through the proper channels. Failure to do so can lead to further damage and increased repair costs, which the landlord may claim from the tenant. For example, in a past case, a tenant failed to report a leaking kitchen sink, which resulted in damage to the cabinet below. This cost was subsequently claimed from the tenant. Regular interim inspections are essential to catch such issues early.

Q: On larger projects, e.g., full kitchen/bathroom renovation due to deterioration, what agreement should be reached between tenant and landlord?

It is advisable for landlords to schedule major repairs or renovations when the property is vacant. Waiting for the tenant to vacate allows for uninterrupted work and ensures the tenant's belongings are not at risk. Most tenants prefer to avoid leaving their belongings unattended while contractors work unsupervised.

Q: How quickly should a tenant respond to repairs that are for their account?

Tenants should address repairs as soon as possible, particularly when they are still in occupation. Timely action helps prevent further damage, additional repair costs, and mitigates potential damages that could be suffered by the landlord.

Q: Similarly, how quickly should the landlord respond to repairs?

Landlords must ensure the property is safe and habitable. Urgent repairs, such as burst geysers or significant electrical or plumbing issues, should be addressed immediately. Non-urgent maintenance related to general wear and tear does not have a set timeframe. Read more about this in our guide to rental property maintenance.

Q: On average, how often should a landlord do maintenance, and what arrangements should be made with the tenant for these to be undertaken?

Landlords should carry out maintenance as needed to keep the property in good condition, avoiding the need for costly major renovations. Tenants are obligated to allow reasonable access for such work. Contractors should coordinate with tenants to arrange convenient times. As a guideline, landlords may consider repainting the property every two to three years. Well-maintained properties attract high-quality tenants and have lower vacancy rates, benefiting both parties. Learn more in our article on maintenance.

Q: Should the tenant be on the property, or is it entirely the landlord's responsibility to be on site when maintenance or repairs are being undertaken?

The tenant or their representative should be present during repair work to safeguard their belongings and oversee the process. As the occupant, the tenant has a duty to ensure the property is cared for during their tenancy.

Q: How best to handle any negative sentiment around maintenance and repair work?

Managing expectations is key. Tenants must understand that properties are let in their current condition and landlords are not obligated to make upgrades unless explicitly stated in the lease agreement. If specific repairs are promised, they must be recorded in the agreement with clear deadlines. This ensures transparency and accountability for both parties.

Q: Should photographs be taken and added to the lease agreements after repair work: e.g., before and after pictures?

Yes, taking photographs is a best practice to document repairs. Videos can also be used. Contractors should provide completion certificates signed by tenants, detailing the scope of work. A follow-up call to confirm the tenant's satisfaction is a helpful courtesy.

Q: If repairs are the tenant's responsibility, does the landlord have any rights in terms of who undertakes the work?

During a tenancy, landlords cannot dictate which contractor the tenant uses for repairs. However, the lease agreement stipulates that repairs must be completed to a satisfactory standard by the end of the tenancy. If the tenant fails to meet this requirement, the landlord can arrange for repairs and recover the costs from the tenant’s deposit.

Q: On big jobs (e.g., such as an upgrade to a floor which is messy), who is responsible for the cleaning up?

While contractors generally clean up after their work, tenants are ultimately responsible for maintaining a clean and tidy property. As a courtesy, landlords may arrange professional cleaning, but this is not a legal obligation.

Q: What if the tenant does not agree to an upgrade of the property whilst in occupation?

It is rare for tenants to refuse repairs that benefit them. However, tenants are obligated to provide reasonable access for maintenance as per the lease agreement. For major renovations, it is recommended to wait until the property is vacant. Regular follow-ups and coordinating with tenants and contractors to avoid delays is essential.

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