Landlords and tenants: Who's responsible for what?

For many South Africans, renting a home comes with numerous advantages. It offers far more flexibility than being a homeowner and is often more affordable on a month-to-month basis. Relationships between landlords and tenants need to remain harmonious, and to this end, numerous guidelines have been laid out as to what landlords and tenants are responsible for.

First things first: the inspection

The Rental Housing Act as amended stipulates that before a tenant moves into a new home, the landlord and tenant must inspect the house or flat together. During this inspection, the tenant will have an opportunity to bring any issues to the landlord's attention. This can mean asking the landlord to fix a leaking tap, or simply noting a pre-existing mark on the carpet to safeguard themselves against being held responsible for this damage later.

Similarly, when it's time for the tenant to move out, another joint inspection must be carried out to check whether or not any damage has been done to the property during the tenant's stay. If any damage has been done, the cost of repairs may be taken from the tenant's deposit. It is important to note, however, that the tenant may not be held responsible for general wear and tear. For example, a tenant may not be held responsible for fading paintwork on a wall. However, if the tenant's child drew on the wall with permanent markers, then the tenant must pay for the wall to be repainted.

Monthly bills - who pays what?

Bills such as building insurance, rates and levies are for the landlord's account. The landlord is also responsible for paying any relevant homeowners' association fees. The monthly electricity bill, on the other hand, must usually be paid by the tenant. For the sake of convenience, many landlords have installed prepaid electricity systems in the homes that they rent out. This puts the tenant in charge of how much they spend and removes the need for the landlord to recoup funds spent on electricity at the end of each month.

The landlord's responsibilities

The landlord is responsible for maintaining the structure of the building and ensuring that the home that he or she is renting out is a pleasant place to live. For example, if a geyser breaks or a built-in oven stops working, the bill will be for the landlord's account. Similarly, if the roof springs a leak or the garden is flooded during a storm, repairs will need to be paid for by the landlord.

The tenant's responsibilities

First and foremost, the tenant is responsible for ensuring that rent is paid on time every month. He or she is also responsible for ensuring that the property is not used for any other purpose than the one for which it was let. For example, if a couple has rented a house to live in with their children, the property may not be used to run the couple's business without express permission from the landlord. 

It is the tenant's responsibility to ensure that the property is well-maintained on a day-to-day basis. This means cleaning the house regularly and making sure that the garden and pool are well looked after.

Being fair and reasonable

There are some scenarios in a landlord/tenant relationship where logic needs to determine who is responsible for a repair. Take, for example, the issue of a blocked drain. If an outdoor drain has become blocked because of the root system of a tree that the landlord planted, then it will be up to the landlord to organise and pay for the repair. However, if the tenant's hair has blocked the shower drain, then the landlord could argue that it is the tenant's responsibility to rectify this.

Similarly, since a tenant is the one using the lights on the property, it is up to them to replace lightbulbs when required. However, if there is a problem with a light switch or fixture, it will be the landlord's responsibility to fix it.

Whether you are renting a property to live in or renting out a property that you own, the simplest way to do it is to trust the experts. Contact CSi Sales, Rentals and Property Management today and allow us to find you a home or a tenant.