Who is responsible for maintenance in a rental property?

Rental housing is part of everyday living with a great deal of people renting property for a variety of reasons.

While widely regarded as one of the best asset classes, property also comes with inherent risks, including the risk of damage which can be costly. The landlord or property owner may assume that the tenant will look after it, but that is not always the case according to Seeff’s rental agents.

Whether for residential, temporary or holiday purposes, ensuring the property asset is properly maintained is vital to ensuring it retains and continues to grow in value. For a rental property owner, ensuring the property is well-maintained also means they can leverage maximum rental returns which is ultimately the aim of any rental investor.

The question of who is responsible for maintenance and repairs and who must pay, is often an issue of contention. Seeff therefore recommends that the maintenance of the property is stipulated in the lease agreement in terms of who is responsible for which aspects and who will pay for what.

Inspections
An incoming and outgoing inspection must be done. This is not just a legal requirement, but is also necessary to ensure the property is fit for purpose when it is handed over and returned in the same condition.

The owner/landlord should also undertake periodic inspections of the property to avoid nasty surprises at the end of the lease.

Landlord responsibilities
The property owner (or landlord) is responsible for maintaining the structural integrity of the property including all fixtures. This includes the general structure, wiring, electricity, geyser, stove, pool, gates and garage doors.

The pool and garden are often neglected areas and it is advisable that the owner/landlord rather consider contracting service providers to maintain these and include that in the rental.

It is also the responsibility of the owner/landlord to insure property adequately against fire, flood and other structural damages.

Tenant responsibilities
It is the responsibility of the tenant to look after the general interior maintenance. This will include keeping the walls and general interior clean, replacing light bulbs and fixing broken items such as wobbly handles and hinges.

The tenant must immediately report any serious issues such as faulty electrics, geyser, leaks and so on to the landlord or property owner.

The tenant is responsible for insuring the property contents including personal liability cover should someone get injured such as falling down the stairs.

Deposit and holding back of rental
The deposit must be held in an interest bearing account for the benefit of the tenant for the duration of the lease. The deposit may not be used towards maintenance during the lease period. Only after termination of the lease and following an outgoing inspection, may the landlord claim against the deposit for the repair of damage. This must, however, be fair and substantiated.

The tenant may also not default or hold back partial rent payment should they believe that the landlord is not fulfilling their obligations.