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While tenants are responsible for some maintenance of the property, certain items fall clearly under the landlord’s maintenance responsibilities. In terms of common law, we follow the practice that if the landlord installed it, they are responsible for reasonable wear and tear to the object.
1. Geyser
The geyser, and any repairs needed to it, are the responsibility of the landlord. Burst geysers can cause some serious damage, which is why landlords should have homeowners’ insurance to cover the cost of damages to the property. However, this will not cover damages to the tenant’s furniture, like ruined couches, beds, carpets, TVs, etc. (This is why many people take out household contents insurance, which covers your goods in the case of things like a burst geyser, as well as theft).
2. Stove
Most rentals in South Africa come with a stove and/ or oven. This falls under the landlord’s responsibilities to maintain (unless it says differently in your rental contract). As long as the issue isn’t from abuse, misuse, negligence or accident on your part, the landlord will have to repair/replace the item.
3. Leaks & damp
Roof leaks and leaking toilets and pipes are part of the landlord’s maintenance responsibilities. Damp, and rising damp are also the landlord’s responsibility, and can be the result of improper maintenance. Damp tends to show up in places where moisture enters the walls/roof. This can happen because of constant rain, improper sealing, dripping water or leaks, and condensation.
The landlord may not charge the cost of any of the above repairs to the tenant (unless the tenant agrees to pay for them), force the tenant to pay for these things or take the cost of the repairs from the tenant’s security deposit.
You can get free legal advice at Scorpion’s Live Q&A on Facebook every first Thursday of the month. Follow @ScorpionLegal for more.
*This is only basiclegal advice and cannot be relied on solely. Theinform ation is correct at the tim e of being sent to pu blishing.