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Who is responsible for Maintenance, the Landlord or the Tenant?

The issue of maintenance in a leased premises is always a topic that leads to arguments between tenants and agents.

The landlord must do repairs of which he is responsible, as identified during the handover inspections and on the checklist.

Possible things the landlord is responsible for:

  • Electrical.

  • Gas pipes.

  • Geysers.

  • sinks, baths, toilets, pipes and drains (Plumbing).

  • the structure and exterior of your home, including walls, stairs and bannisters, roof, external doors and windows.

· Air conditioning

Possible tenant responsibilities:

  • Cleanliness of your home

  • Safety checks

  • Gardening (in case of own garden, not the complex)

  • Minor maintenance (Bulbs, bateries etc)

After all the landlord is receiving money from the tenant to live in the property and you the tenant must be able to enjoy the benefits of the property. Certain obligations fall on the tenant with regards to maintenance as specified in the lease agreement.

Another big topic also leading to argument! For tenants to return the property in the same condition as the tenant received it, fair wear and tear excluded. The property also needs to be properly cleaned by the tenant in an acceptable enough manner for the new tenant.

Now what is FAIR WEAR and TEAR.. it means the reasonable deterioration in the condition of a leased premises caused by normal everyday usage during the tenant’s leased period. Namely natural elements, such as sunlight and rain on the property and changes that occur with ageing deterioration that may be expected to occur.

Fair wear and tear only applies to the condition and not the cleanliness of for example a wall. Should the Landlord keeps records and photo reports before and after the tenant moved in. There will be enough information should the tenant find the assessments unfair.

Written by Jenny-Lynne


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