Property group unpacks tenant and landlord relationship

Tenants and landlords in different parts of Rand West City are urged to take note of the Rental Housing Act to understand their rights and responsibilities towards each other at all times.

This is word from the national rentals manager for the Rawson Property Group Jacqui Savage who said that the Act outlines rights and responsibilities for both parties.

“In an ideal world, rental relationships should benefit both landlord and tenant and that’s why the government has implemented detailed legislation in the form of the Rental Housing Act which outlines the rights and responsibilities of both parties.

The precise division of responsibilities between a landlord and their tenant particularly around maintenance does vary slightly from lease to lease, depending on negotiated conditions

“That said, one usually can’t negotiate away your legal rights and obligations, thus making it important for them to familiarise themselves with the requirements of the Rental Housing Act, as well as read and understand the requirements of their lease agreements,” said Savage.

According to Savage, the act places three main responsibilities on tenants’ shoulders:

• Pay a deposit (if requested by the landlord) of an amount to be agreed upon in the lease
• Pay rent, and any other costs listed in the lease agreement (eg electricity, water, domestic services, etc), on time and in full
• Participate in an incoming and outgoing inspection with the landlord (or their appointed representative)

“The inspection requirements are particularly important to understand because if a tenant fails to attend an inspection, they cannot contest the results, which means they could be held liable for damages that were not of their doing.

Likewise, if the landlord fails to perform an inspection, they cannot hold the tenant liable for any damages they find down the line.

“Most lease agreements will contain similar requirements which include the expectation that tenants will return the property in the same condition they received it, minus normal fair wear and tear that may occur or foot the bill for any repairs and remediation if they fail to do so.

“Tenants are also generally expected to handle basic maintenance tasks like pool and garden care, replacement of consumables like light bulbs and tap washers, and good home hygiene,” said Savage.

Meanwhile, she added that landlords are also obliged to perform their own responsibilities towards their tenants.

These include the following:

• Ensure the property they are renting out is fit for human habitation, posing no threat to the life, health, safety personal property or general welfare of its tenants
• Provide the tenant with undisturbed enjoyment of the property and give fair warning before any inspection or maintenance is carried out
• Supply a copy of any applicable house rules as defined by the property’s body corporate
• Maintain any common property such as communal lifts, stairs, gardens
• Maintain the exterior structure of the property, including walls and roofs
• Ensure any electrical, plumbing, heating, ventilation, air conditioning and/ or elevator systems are in a good state of repair at the start of the lease
• Repair any damage caused by fair wear and tear (everyday use of the property)
• Provide municipal bins or alternative waste disposal containers and services
• Fulfil any additional responsibilities or services laid out in the lease agreement
• Effect any repairs for which they are responsible as soon as possible after receiving notification (at their own cost unless the repairs are due to negligence of tenants or their visitors)
• Keep the tenant’s deposit in an interest-bearing account and provide statements on request
• Provide receipts for all payments made by the tenant
• Return the balance of the deposit (plus interest) to the tenant within 14 days of the expiry of the lease if repairs are required, or seven days if no repairs are necessary

“Remember, it’s in the landlord’s best interests to keep good tenants happy and your property in excellent condition.

Doing so will reduce vacancies, improve income stability, maintain rental growth potential, and enhance your property’s resale value – all vital elements of optimising investment yield,” Savage concluded.