21 April 2023
As a consumer, it can be confusing to determine who is responsible for maintenance when it comes to renting a property - especially if you are a first time landlord or tenant.
When considering the obligations of both parties we will always refer to subsection 6(1) and 6(2), of the Unfair Practice Regulations, in the Rental Housing Act. A Lease Agreement needs to ensure that these regulations are outlined so that both the landlord and the tenant are aware of their responsibilities during the tenancy.
In this article, we will look at the conditions, obligation and maintenance that the tenant has to fulfill in accordance with the Rental Housing Act, for a better understanding of what is required when entering into a lease agreement.
Rental Housing Act | subsection 6(1) and 6(2). Conditions, Obligations and Maintenance
A tenant must -
- Use the property in a proper manner and for the purposes for which it is let, and in a manner which does not contravene these regulations, the Act or any other law As your lease will be a residential agreement, the tenant may not use the property for business purposes.
- Dispose from the property all ashes, garbage, rubbish, and other waste in a reasonably clean and safe manner. Should a pest infestation occur as a result of not keeping the property clean and not disposing of waste appropriately, the tenant will be responsible for the pest removal and cost incurred
- Maintain the property in a clean, tidy and safe state of repair;
- Use, in a reasonable manner, all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators on the premises
- Refrain from intentionally or negligently damaging, defacing, impairing, or removing any part of the property or common property or knowling permitting any person to do so, who is on the premises with the tenant’s permission or allowed access to the premises by the tenant and the tenant is liable for the repair of such damage, fair wear and tear excluded, at the tenant’s own cost
- Return the property in the same condition as the tenant received it, fair wear and tear excluded
- During the period of lease be liable to maintain, replace or repair electrical globes, fittings and switches and also be liable for the maintenance, repair or making good all water-borne taps, stoves, locks, handles, and windows where such damage has not been due to natural causes. It is important that this is included in any lease agreement and that the tenant is
aware that they are responsible for these items.
- Maintain the garden, if any, and keep the same in a neat and tidy condition.
- Comply with the house-rules, which are enforceable pursuant to these regulations and must respect the lease of the area
- Maintain the swimming pool, including but not limited to, all pumps, hoses and accessories, in good order and repair, subject to fair wear and tear. While it is the landlords responsibility to provide the above, it is important to note that it is the responsibility of the tenant to maintain these during the tenancy.
As Rawson Rentals, we understand that the nature of renting a property can be emotional and stressful - especially when it comes to the return of a deposit and the termination of the agreement. However, our aim is to educate our clients, in order to avoid issues creeping up, and ensure that our processes are as seamless as possible.
