Episode 3 | Property Perspective with Etchells & Young
When something breaks in a rental property, who is responsible for fixing it - the landlord or the tenant?
In Episode 3 of Property Perspective on 919, Harry takes a deeper look at rental maintenance and repairs, including fair wear and tear, tenant damage, deposit deductions and what landlords should do when a tenant stops paying rent.
In This Episode
Harry unpacks some of the most common areas of disagreement between landlords and tenants during and at the end of a lease.
Harry discusses:
Landlord vs tenant maintenance responsibilities
Who maintains the structure, plumbing and electrical systems
Everyday maintenance expected from a tenant
The difference between fair wear and tear and damage
How the age of an item can affect a damage claim
How deductions from a rental deposit should be handled
Why landlords should keep invoices and proof of repairs
What to do when a tenant stops paying rent
Watch Episode 3
Property Perspective airs weekly on 919.
Who Is Responsible for Rental Maintenance?
One of the most common misconceptions Harry addresses is that every repair in a rental property is automatically the landlord's responsibility.
In the episode, he explains that the landlord is generally responsible for the structure and infrastructure of the property, including major elements such as the roof, walls, plumbing and electrical systems.
Tenants, however, also have responsibilities when it comes to keeping the property clean, tidy and properly maintained during their occupation.
Everyday Maintenance Still Matters
Harry uses practical examples to explain the difference between maintaining a property and repairing something that has failed through normal use.
Changing light bulbs, keeping extractor fans clean, caring for locks and handles and maintaining gardens or swimming pools are some of the everyday issues discussed.
The cause of the problem is often important when determining responsibility. Something that stops working through age or ordinary use is very different from something damaged through negligence or misuse.
Fair Wear and Tear or Tenant Damage?
This distinction can become one of the biggest areas of disagreement at the end of a tenancy.
Harry gives the example of a cracked floor tile. If the tile cracks because of natural movement or settling, that is very different from a tile cracking because something heavy was dropped onto it.
The same principle applies to carpets. A carpet becoming worn because people have walked on it for years is normal deterioration. A burn caused by a dropped iron is damage.
Even where a tenant has caused damage, Harry explains why the age and remaining useful life of the damaged item may also need to be considered.
What Happens to the Deposit at the End of the Lease?
Rental deposits are another major source of disputes between landlords and tenants.
In the episode, Harry explains that the circumstances at the end of the tenancy determine how the deposit is dealt with. Where the property has been returned in good condition and nothing is owed, the process is different from a situation where repairs or outstanding amounts need to be deducted.
Where repairs are made using the deposit, Harry also discusses the importance of completing the work and keeping invoices or receipts that show what was actually spent.
How Can Tenants Help Get Their Deposit Back Quickly?
Preparation before moving out can make a significant difference.
Harry explains that Etchells & Young sends departing tenants practical guidance before the end of the lease, encouraging them to make sure the property is clean, attend to basic repairs and check simple items such as light bulbs before the exit inspection.
Resolving these smaller issues before handover can make the final inspection and deposit process much smoother.
What If a Tenant Stops Paying Rent?
The episode also touches on one of the most difficult situations a landlord can face - a tenant who has stopped paying rent.
Harry's advice is not to allow the problem to continue for months before taking action. Appropriate notices and the formal legal process should begin as soon as the problem becomes serious.
He also cautions landlords against trying to solve the situation themselves by changing locks, removing doors or cutting utilities. Where an eviction becomes necessary, the correct legal process should be followed with appropriate professional advice.
A Key Takeaway
Fair wear and tear and tenant damage are not the same thing.
Understanding what caused the damage, keeping good inspection records and clearly setting out maintenance responsibilities from the beginning can prevent many disputes at the end of a tenancy.
And when a serious rental problem does arise, Harry's advice is simple: don't take the law into your own hands.
What Is Property Perspective?
Property Perspective is Etchells & Young's weekly property segment on 919.
Each episode explores a different aspect of property - from rentals and property management to buying, selling, legislation, sectional title living and the everyday questions property owners and tenants face.
Follow the series as we unpack more of the issues that matter to Johannesburg property owners, buyers, sellers, landlords and tenants.
Managing a Rental Property?
Rental management involves much more than collecting rent.
From tenant screening and inspections to maintenance queries, deposit administration and ongoing communication, Etchells & Young helps landlords manage the practical details throughout the tenancy.
