Who pays for repairs in a rental property?

The short answer is that the landlord pays to keep the property fit to live in, and the tenant pays for damage the tenant causes. A burst geyser, a leaking roof, faulty wiring, a broken gate motor that failed on its own and rotting window frames are the landlord's problem. A cracked window your child broke, a door kicked in, a blocked drain full of cooking fat and a burnt kitchen counter are yours.

That division comes from the common law of lease, is reinforced by the Rental Housing Act 50 of 1999, and can be adjusted by your lease within limits.

What the landlord must do

A landlord must hand over the property in a condition reasonably fit for the purpose it is let for, and keep it that way for the duration of the lease. In practice that covers:

• the structure: roof, walls, floors, ceilings, foundations
• weatherproofing: leaking roofs, damp, broken windows that failed on their own
• essential installations: plumbing, geyser, electrical wiring, distribution board
• fixed appliances supplied with the property, such as a stove or an oven, unless the lease says otherwise
• compliance items such as a valid electrical certificate of compliance
• common areas in a block of flats, usually through the body corporate

The landlord must also give you undisturbed use of the property. Neglecting a repair so badly that part of the home becomes unusable can entitle you to ask for a reduction in rent for that period, though that is something to raise properly rather than to take for yourself.

What the tenant must do

A tenant must look after the property and hand it back in the same condition as received, fair wear and tear excepted. That means:

• damage caused by you, your household or your visitors, including accidental damage
• day-to-day upkeep, such as replacing light bulbs, keeping gutters and drains clear of what you put in them, and basic garden maintenance if the lease says so
• reporting faults promptly, in writing
• not making alterations without written permission

The catch that costs tenants money is late reporting. If a small leak becomes a collapsed ceiling because you did not report it for two months, the extra damage can fall on you. Report in writing, keep the message, and follow up.

Quick reference: who usually pays

• Geyser bursts on its own: landlord, often through the owner's insurance.
• Geyser element fails after you ran it dry during a water outage: arguable, and often the tenant if the landlord can show the cause.
• Roof leak: landlord. Ceiling damage from a leak you did not report for weeks: partly tenant.
• Blocked drain from tree roots or a collapsed pipe: landlord. Blocked drain from fat, wipes or nappies: tenant.
• Stove or oven supplied with the flat stops working: landlord unless the lease says otherwise or you damaged it.
• Broken window from a storm: landlord. Broken window from a ball or a slammed frame: tenant.
• Gate motor fails with age: landlord. Gate motor damaged by a visitor's car: tenant.
• Light bulbs, tap washers, batteries in remotes: tenant.
• Repainting after several years: landlord, because it is wear and tear.
• Garden and pool: as the lease says, and commonly the tenant for routine upkeep.
• Electric fence, alarm, intercom: landlord for the installation, tenant for damage caused by the tenant.

Fair wear and tear

Fair wear and tear is the ordinary deterioration that comes from normal living. Faded or marked paint after several years, worn carpet in a passage, a tired kitchen counter, scuffed skirtings and taps that stiffen with age are all wear and tear. None of it may be deducted from your deposit. See How long does a landlord have to return my deposit? for how deductions must be proved.

The line between wear and tear and damage is judged by how long you lived there and how the property was used. A three-year tenancy will leave more marks than a six-month one, and that is expected.

A worked example

Names and figures are illustrative.

Nomsa rents a house in Polokwane at R8 000 a month. In January she notices a damp patch on the lounge ceiling after heavy rain. She sends the landlord a WhatsApp with a photograph the same day. The landlord replies that he will "look into it". Nothing happens. Nomsa follows up in writing in February and again in March, each time with a new photograph showing the patch spreading.

In April a section of the ceiling board collapses, ruining a couch worth R4 500. The roof repair and the new ceiling cost R9 000. Because Nomsa reported the leak in writing the moment she saw it and followed up twice, the roof, the ceiling and the couch are all the landlord's problem. She refers the matter to the Limpopo Rental Housing Tribunal, which orders the landlord to complete the repairs by a set date, and she claims the couch in the Small Claims Court because R4 500 is well under its R30 000 limit.

Had Nomsa noticed the patch in January and said nothing until April, the roof would still be the landlord's cost but the extra ceiling damage and the couch would have been a much harder argument, because the landlord could say she allowed a small problem to become a big one.

What your lease can and cannot change

Leases often shift small repairs to the tenant, commonly by saying the tenant pays the first few hundred rand of any repair, or that the tenant maintains the garden and pool. That is generally acceptable if it is clear and reasonable.

What a lease cannot fairly do is dump the landlord's core obligations on you. A clause making the tenant responsible for the roof, the geyser or the electrical installation is the kind of term a Rental Housing Tribunal may treat as an unfair practice, particularly where it was never explained to you. Where the Consumer Protection Act 68 of 2008 applies, unfair, unreasonable or unjust contract terms can also be challenged.

Documents to gather

• the lease, especially the maintenance and repairs clauses and any excess you agreed to pay
• the incoming inspection report and your dated move-in photographs
• every written report of the fault, with dates and photographs
• the landlord's replies, or the absence of them
• quotations or invoices from a plumber, electrician or builder, ideally stating the cause of the fault
• receipts for anything you lost or paid for because of the fault
• your rent payment history, to show you kept paying throughout

The right way to get a repair done

1. Report it in writing immediately, with photographs and the date. WhatsApp or email both work if you keep the record.
2. Give a reasonable deadline. Urgent items such as no water, a burst geyser or an electrical fault should be days, not weeks.
3. Follow up in writing if nothing happens. Send a final letter saying what you require and by when.
4. Refer the matter to the Rental Housing Tribunal in your province. Failure to maintain the property is a classic unfair practice complaint, the process is free, and the Tribunal can order the landlord to do the repairs.
5. For amounts up to R30 000 that you have already lost, the Small Claims Court is free and does not use lawyers.
6. Legal Aid South Africa on 0800 110 110 can point you in the right direction if you cannot afford advice.

A Tribunal repair complaint usually starts with an acknowledgement, moves to mediation within a few weeks, and goes to a hearing if mediation fails. Urgent health and safety matters can be prioritised, so say so on the complaint form.

Be careful with repair and deduct

Fixing something yourself and deducting the cost from your rent feels fair and often is, but it is legally risky. If the landlord disputes that you were entitled to do it, or disputes the amount, you are suddenly short on rent and in breach of your lease. Do it only if the landlord agrees in writing beforehand, or after a Tribunal ruling, and always with a proper invoice.

Whatever you do, do not stop paying rent as leverage. It converts a repair complaint into grounds for cancellation. See Can a landlord evict me without a court order?.

Common mistakes and what they cost

Reporting by phone only. With no written record, the landlord can say you never told them. The cost is often the consequential damage.

Waiting to see if it gets worse. It does, and the extra becomes arguable against you.

Withholding rent. The cost can be your home. A valid repair complaint does not excuse a breach of lease.

Doing the repair without agreement. You may not be reimbursed, and a bad job can be charged back to you.

For landlords, ignoring written reports. Every unanswered message is evidence at the Tribunal, and consequential damage such as a ruined couch or spoiled stock is claimable against you.

If you are the landlord

Handle repairs quickly and in writing and you will avoid most disputes. Do a documented incoming inspection so there is a baseline, keep a repair log with dates and invoices, and respond to every written report even if only to say when the plumber is coming. Where the tenant caused the damage, tell them in writing at the time rather than saving it up for the deposit at the end, when it is much harder to prove.

LawMatch is not a law firm and this page is general information, not legal advice about your rental.