Understanding Landlord vs. Tenant Rights
Responsibilities In Property Repairs And Renovations

When it comes to repairing or renovating a rental property, it is important to understand your obligations as a landlord or tenant. Repairs and renovations are inevitable in any rental, but determining who is responsible for what can often cause confusion. Clarifying the balance of responsibilities between landlords and tenants under the rental agreement is essential for avoiding disputes and fostering a positive rental relationship.

 

The lease agreement typically outlines the duties of both parties, ensuring mutual agreement and providing a written record to avoid misunderstandings. In cases of uncertainty, the Rental Housing Act offers clear guidelines to further clarify the responsibilities of both parties regarding property maintenance.

 

The landlord’s responsibilities

 

What common law and legislation says

Under the Rental Housing Act, landlords are required to maintain their rental properties in a condition that is ‘reasonably fit for the purpose for which it was let.’ This responsibility extends to repairs and maintenance, as specified in the lease agreement or highlighted during the property’s initial inspection. Furthermore, landlords must ensure the property complies with health and safety regulations and adheres to local municipal bylaws.

 

In the absence of a written lease agreement, common law dictates that the landlord must ensure the property is in a ‘good state of repair’ at the start of the lease, enabling the tenant to fully occupy and enjoy the premises without any hindrances.

 

Interior and exterior renovations and repairs

Under common law, landlords are required to keep their properties in a structurally sound and well-maintained condition, both internally and externally.

 

Throughout the lease period, the landlord must ensure that essential systems and fixtures, including electricity, plumbing, heating, ventilation, doors, and windows, remain in a functional and safe condition. Additionally, any appliances provided with the property, such as a geyser, stove, or refrigerator, must be properly maintained.

 

Landlords are also responsible for external maintenance and repairs, which include addressing damage to the roof, windows, doors, plumbing, and gutters. Furthermore, they must ensure the property’s exterior remains clean and free from rodents, debris, garbage, or any other unsanitary or hazardous conditions.

 

Property inspections

They should conduct regular property inspections, ideally every three months, to monitor maintenance needs and address repairs promptly. While incoming and outgoing inspections are necessary to assess the property’s condition, a pre-rental inspection is also recommended to identify and resolve any latent defects before the tenant moves in. This proactive approach helps minimise the risk of costly repairs during the lease period.

 

Thorough documentation of the property’s condition, including all rooms, outbuildings, and gardens, helps prevent disputes. Although not mandatory, routine inspections allow landlords to address issues early, thereby ensuring tenant satisfaction and protecting their investment.

 

The tenant’s responsibilities

 

What legislation says

The Rental Housing Act imposes specific maintenance obligations on tenants, requiring them to keep the property clean, tidy, and in a safe state of repair. Additionally, tenants must use all electrical, plumbing, sanitary, heating, ventilation, and other facilities and appliances responsibly, avoiding intentional or negligent damage to the property or its contents.

 

The Act also outlines that tenants are responsible for maintaining or replacing items such as electrical globes, fittings, switches, water taps, locks, handles, and windows, unless the damage is due to natural causes. Furthermore, tenants must ensure that any swimming pool, including its pumps, hoses, and accessories, is kept in good condition, subject to fair wear and tear. Additionally, the tenant must maintain the garden, ensuring it remains neat and tidy throughout their tenancy.

 

The primary goal is for the tenant to return the property to the landlord in the same condition it was received, with the exception of fair wear and tear. What constitutes fair wear and tear will be explained further below. Any damage resulting from fair wear and tear is the landlord’s responsibility to address. However, the tenant is liable for costs incurred due to intentional or negligent actions.

 

Fair wear and tear

The term ‘wear and tear’ is not explicitly defined in law, making it a subjective concept that varies depending on the circumstances of each case. However, it generally refers to the natural deterioration of a property and its fixtures due to everyday use by a tenant over time.

 

The rule of thumb is that if a tenant causes damage to something that would not normally wear out or significantly shortens the expected lifespan of an item, they may be responsible for a portion of the repair or replacement costs. When assessing liability, landlords should consider the item’s age, expected durability, and the repair or replacement costs involved.

 

Common examples of fair wear and tear include:

• Faded paint or wallpaper from prolonged exposure to sunlight
• Carpet wear from regular foot traffic
• Furniture indentations on carpets
• Windows or doors warping due to weather conditions
• Malfunctioning appliances due to age, not misuse
• Small cracks or chips in tiles from normal use
• Light scratches on countertops or work surfaces from regular use
• Loose cabinet handles, hinges or doorknobs from regular use
• Grout discoloration or build-up
• Light bulbs burning out naturally over time

 

If a landlord wishes to claim for damages, the burden of proof falls on them to show that the damage goes beyond normal wear and tear. To avoid disputes and ensure accountability, it is essential for landlords to maintain comprehensive records of the property’s condition before and after the lease. This is typically done through an incoming and outgoing inspection or a detailed snag list, which can serve as valuable evidence in establishing the extent of any damage.

 

Remedies available upon breach of obligations

Maintenance in rental properties is often a major point of contention, frequently leading to disputes between landlords and tenants. These disagreements can escalate to legal action in court or formal complaints filed with the Rental Housing Tribunal.

 

Common remedies for tenants:

• Issue of formal notice – If the landlord neglects to carry out necessary repairs or maintain the property in good condition, the tenant should provide written notice specifying the required repairs and allowing the landlord a reasonable time frame to address the issues.
• Cancellation of the lease – If the landlord fails to respond or address the repairs within a reasonable period, the tenant may choose to terminate the lease due to the landlord’s breach of the agreement.
• Notice and deduction – The tenant may issue the landlord a 14-day notice (or a longer period as agreed upon) to carry out the repairs. If the landlord does not comply, the tenant may arrange to make the repairs themselves and deduct the costs from the rent, provided the lease agreement permits such deductions.

 

Some tenants may consider withholding rental payments if they feel the landlord is not maintaining the property adequately. However, it is important to note that tenants cannot unilaterally decide to withhold rent or determine an amount to deduct. The court must first issue an order allowing this. Tenants have a contractual obligation to pay rent, and failure to do so could be considered a breach of the lease. Moreover, the court does not allow individuals to self-assess damages and withhold rental payments based on those assessments. If a tenant unlawfully withholds rent, the landlord can demand full payment and may terminate the lease if the tenant fails to remedy the breach within the specified period. Additionally, failure to pay rent may release the landlord from their obligation to maintain the property.

 

Common remedies for landlords:

• Lease termination – If a tenant neglects their obligation to maintain the property or handle repairs (as stipulated in the lease), the landlord can terminate the lease agreement.
• Damage claim – The landlord has the right to seek damages from the tenant for any neglect or damage caused to the property.
• Deducting the repair costs – The landlord may deduct the repair costs from the tenant’s rental deposit.

 

If a tenant believes the landlord has deducted an excessive amount from the deposit, or the entire deposit has been withheld due to damage they consider to be fair wear and tear, the tenant can approach the Rental Housing Tribunal for mediation or resolution.

 

Resolving the Matter

In both instances, it is highly recommended that both parties seek expert legal advice to navigate the situation. Consulting a legal professional ensures that all provisions in the lease agreement and relevant legislation are fully understood and upheld, helping to prevent any unlawful actions and fostering a fair resolution for both the landlord and tenant.

 

Blog by: Chris Nduna