Landlord or Tenant? Who pays for property repairs?

• Maintenance disputes remain one of the leading causes of landlord-tenant conflict in South Africa.
• Landlords must provide a safe, habitable property, while tenants are responsible for day-to-day upkeep.
• Poor communication and delayed repairs can lead to costly legal and financial consequences.

Who's responsible when something breaks?

‍From leaking geysers and faulty light switches to cracked walls and broken windows, maintenance issues are an inevitable part of owning and renting property.

Yet one simple question continues to cause confusion, conflict and even legal disputes across South Africa's rental market: Who is responsible for fixing what?

According to Jacqui Savage, National Rentals Business Development Manager at the Rawson Property Group, misunderstandings around maintenance responsibilities are among the most common causes of friction between landlords and tenants.

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"Many disputes can be avoided simply by understanding who is responsible for what from the start of the lease. Clarity and communication are essential." For property investors, landlords and tenants alike, understanding these responsibilities is critical to protecting both the property and the rental relationship.

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‍The golden rule of rental maintenance

‍As a general principle, landlords are responsible for structural and essential repairs, while tenants are responsible for routine upkeep and everyday care of the property.

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"If it's something that affects the property's value, safety or habitability, it's usually the landlord's responsibility," explains Savage. "If it's related to everyday living and maintaining the property, it generally falls to the tenant."

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Landlord responsibilities

‍Landlords are typically responsible for:

• Structural repairs and building defects
• Roof leaks and water ingress
• Plumbing systems and major pipe repairs
• Electrical infrastructure and faults
• Geyser repairs and replacement
• Security systems included in the lease
• Pest infestations not caused by tenant negligence

Tenant responsibilities

‍Tenants are generally expected to:

• Keep the property clean and well maintained
• Replace consumable items such as light bulbs
• Replace tap washers and minor fittings
• Maintain gardens where required by the lease
• Care for pools if stipulated in the agreement
• Report maintenance issues promptly
• Prevent avoidable damage through negligence

Of course, lease agreements can vary. Some landlords include garden services, pool maintenance or other services in the monthly rental. The key is to ensure these responsibilities are clearly recorded in writing.

The legal position

‍South Africa's Rental Housing Act places clear obligations on both landlords and tenants.

Landlords are legally required to provide and maintain a property that is safe, habitable and fit for occupation. This includes ensuring that essential services such as water, sanitation, electricity and structural components remain functional.

Tenants, meanwhile, are legally required to use the property responsibly and return it in substantially the same condition in which it was received, subject to fair wear and tear.

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"While the legislation provides the framework, a detailed lease agreement remains the best way to avoid disputes," says Savage.

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The more clearly maintenance responsibilities are defined upfront, the less room there is for disagreement later.

Understanding fair wear and tear

‍One of the most misunderstood concepts in property management is "fair wear and tear." Fair wear and tear refers to the natural deterioration that occurs through ordinary use over time.

Examples include:

• Fading paint
• Minor scuff marks
• Worn carpets in high-traffic areas
• Aging fixtures through normal use

It does not include:

• Broken windows
• Damaged doors
• Holes in walls
• Neglected gardens
• Damage caused by pets or negligence

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"If the damage could reasonably have been prevented, it is unlikely to qualify as fair wear and tear," says Savage.

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This is why entry and exit inspections are so important. They provide an objective record of the property's condition and help prevent disputes when the lease comes to an end.

Communication is everything

‍The most successful landlord-tenant relationships are built on proactive communication. Small maintenance issues can quickly become expensive problems if they are ignored.

A dripping tap can lead to water damage. A faulty electrical fitting could become a safety hazard. A small roof leak can result in extensive damp and mould issues.

Tenants should report problems as soon as they arise, even if they appear minor. Landlords, in turn, should provide a clear process for reporting maintenance concerns and respond within reasonable timeframes.

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"Early intervention almost always costs less than emergency repairs," says Savage. "The sooner an issue is reported, the easier and cheaper it is to resolve."

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Emergency repairs require immediate action

‍Urgent maintenance issues should always be reported immediately, including:

• Burst pipes
• Major water leaks
• Electrical faults
• Security gate failures
• Dangerous structural damage
• Sewerage problems

In most cases, these repairs fall within the landlord's responsibility, but prompt reporting is essential to limit damage and risk.

The cost of getting it wrong

‍Maintenance is often viewed as a cost. In reality, it is an investment in protecting an asset. For landlords, neglected maintenance can result in:

• Reduced property values
• Higher long-term repair costs
• Increased tenant turnover
• Rental vacancies
• Legal liability
• Insurance complications

For tenants, failing to fulfil maintenance obligations can lead to:

• Deposit deductions
• Repair claims
• Negative rental references
• Lease disputes
• Legal action in serious cases

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"Maintenance is one of the most overlooked aspects of successful property investment," says Savage. "A well-maintained property attracts quality tenants, commands stronger rentals and preserves long-term value."

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Battleground for landlords & tenants

‍Property maintenance should never become a battleground between landlords and tenants.

The formula for success is surprisingly simple: clear lease agreements, open communication and a shared commitment to protecting the property.

Landlords need to remain proactive about inspections, repairs and compliance. Tenants need to report issues early and treat the property with care and respect.

When both parties understand their responsibilities and work together, maintenance becomes far less about conflict and far more about protecting an important investment.

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As Savage concludes: "Most maintenance disputes are preventable. Good communication, clear expectations and a willingness to work together are often all that's needed to keep both the property and the relationship in excellent condition."

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