One of the most common sources of friction in South African rental properties is a deceptively simple question: who pays to fix what? Whether you are a landlord protecting your investment or a tenant trying to understand your rights, knowing where your responsibilities start and end can save you thousands of rands and months of frustration.

Quick answer: who pays for what in a South African rental property?

In most South African lease agreements, the landlord handles structural and essential property repairs while the tenant is responsible for day-to-day upkeep and any damage caused by their own negligence or misuse. Fair wear and tear always falls on the landlord. In South Africa, the Rental Housing Act governs landlord and tenant responsibilities, and the Consumer Protection Act may also apply where a landlord lets property in the ordinary course of business.

• Landlord pays for: roof, walls, foundations, plumbing, electrical system, geyser repairs, alarm systems supplied with the property, doors, windows, and fittings that fail from age or natural causes.
• Tenant pays for: routine cleaning, garden maintenance, light bulbs, tap washers, and repairs needed due to their own negligence or misuse.
• Fair wear and tear: always the landlord's cost - faded paint, carpets and tiles worn from normal use

Lease agreements define landlord and tenant maintenance responsibilities clearly, and a detailed lease agreement helps avoid misunderstandings about repairs. Rawson Property Group agents help both parties understand these obligations before signing.

Understanding repairs, maintenance and "fair wear and tear"

Confusion usually starts when people mix up three distinct ideas:

• Repairs fix something broken - burst geysers, a faulty plug circuit, a cracked window frame.
• Maintenance prevents deterioration - cleaning gutters, servicing a gate motor, repainting exterior walls when needed.
• Fair wear and tear is deterioration from ordinary use over time: paint fading from sun exposure, slight carpet flattening on a three-year lease, or hairline cracks in plaster.

The Rental Housing Act protects tenants from fair wear and tear costs, and landlords must repair damage from fair wear and tear. Fair wear and tear excludes tenant negligence or abuse. Lease agreements should clearly define these terms in a dedicated clause to keep both sides aligned.

The golden rule of rental maintenance in South Africa

The general rule is straightforward: landlords look after the building and essential services; tenants look after how they live in it. This applies to both residential and small commercial rental property unless specialised contracts say otherwise.

Example: Roof leak - water enters through aged roof tiles during a Cape Town winter storm. The landlord is responsible for fixing the membrane and flashing.

Example: Blocked drain - grease buildup from a tenant's cooking clogs the kitchen drain. The tenant pays for the plumber.

Example: Worn carpet vs burn marks - carpets worn from ordinary use after several years are the owner's account; burn marks from a dropped iron are the tenant's liability.

Property practitioners at Rawson use this rule as a starting point when drafting and negotiating lease agreements for clients.

Landlord's responsibility for repairs and maintenance

South African law and common law place the main repair and maintenance obligations on the landlord as owner. The landlord is obliged to keep the property habitable and safe under the Rental Housing Act. Landlords are responsible for structural and essential repairs, and failing to effect repairs within a reasonable time can expose them to rent-reduction claims or legal action through the Rental Housing Tribunal.

Typical landlord's responsibility items include:

• Structural elements: foundations, roof, exterior and interior walls, windows, doors, damp and waterproofing.
• Essential services: electrical installation, distribution board, plumbing pipes, toilets, sinks, drainage, geyser.
• Safety and security: main locks, burglar bars, alarm systems installed by the landlord, automatic gates.
• Appliances supplied with the lease: stoves, ovens, extractor fans, built-in appliances - unless damage is clearly due to tenant misuse.

Professional management through a Rawson rental agent helps landlords coordinate a contractor, compliance certificates, and regular maintenance schedules so that well maintained properties retain their value.

Typical landlord-paid repairs: practical examples

• Geyser: the landlord's responsibility for repair or replacement of burst geysers. Building insurance usually covers structural damage but not the tenant's furniture.
• Roof leaks and rising damp: the landlord must repair membranes, tiles, and flashing. The tenant only assists by ventilating and reporting early.
• Electrical faults: tripping power, a faulty DB board, or dead plug circuits are the landlord's duty to fix.
• Plumbing: blocked main sewer lines from tree roots, leaking toilet seals, or old galvanised pipes giving in.
• Age-related replacement: replacing a 15-year-old oven that fails or retiling a shower where waterproofing has reached end of life.

Emergency repairs such as burst geysers or major flooding should be attended to within 24 hours. Non-urgent repairs should follow within a few days to a couple of weeks depending on severity.

Tenant's responsibility for repairs and upkeep

Tenants are expected to maintain the property as a reasonable person would during their tenancy. Tenants must maintain the property clean and handle routine upkeep, and they are liable for damage caused by negligence or wilful actions.

Typical tenant's responsibility items:

• Routine cleaning of interior surfaces, floors, windows, and sanitaryware.
• Garden maintenance if specified in the lease: mowing, watering, basic weeding.
• Pool care where clearly allocated in writing.
• Replacing consumables: light bulbs, fluorescent tubes, plug fuses, tap washers.
• Minor fixes caused by tenant actions: broken curtain rails, chipped countertops from abuse, smashed window glass.

Tenants must report maintenance issues promptly to avoid further damage. For instance, ignoring a small leak can lead to a collapsed ceiling, and the tenant fails to report it at their own risk - they may become liable for the additional costs incurred. Tenants are usually not allowed to do structural work, electrical rewiring, or major plumbing without written landlord consent.

When the tenant must pay for property repairs

• Negligence: leaving windows open in a storm causing swollen wooden sills, or failing to report a leaking toilet that ruins a wooden floor.
• Intentional or careless damage: holes in doors, broken tiles from dropping heavy items, damage from unauthorised pets.
• Misuse of appliances: oven glass shattered by wrong cookware, or a washing machine damaged by overloading.
• Unauthorised alterations: badly installed satellite dishes or extra security gates drilled into frames without permission.

Landlords can deduct the cost of such repairs from the tenant's rental deposit at lease end, provided entry and exit inspections and invoices are properly documented as a detailed record.

The role of the lease agreement in allocating maintenance obligations

The written lease agreement is the main tool for clarifying who is responsible for which repairs and maintenance tasks. The Rental Housing Act mandates clear maintenance obligations in lease agreements, and lease agreements should specify who pays for repairs and maintenance. Clear lease terms reduce conflict over property maintenance issues.

South African leases must comply with the Rental Housing Act and CPA but can allocate specific day-to-day duties (garden, pool, pest control), clarify responsibility for supplied appliances and fittings, and set out procedures for reporting, authorising, and paying for such repairs.

Important clauses to include:

• A detailed schedule of landlord's and tenant's maintenance obligations.
• Timeframes for reporting defects and procedures for emergency repairs.
• Rules for making improvements or alterations (painting, adding shelves, installing fibre or security systems).

Rawson Property Group branches attach an ingoing inspection report with date-stamped photographs to every lease. Any special arrangements - for example, discounted rent in exchange for the tenant doing more maintenance - must be in writing to be enforceable.

How lease agreements interact with South African rental law

Contracts cannot override statutory protections even if both parties sign. Clauses trying to make tenants pay for fair wear and tear are unenforceable under the Rental Housing Act and will likely be struck down by the Rental Housing Tribunal. The CPA may also apply to landlords letting property in the ordinary course of business, limiting unfair terms. Rawson Property Group uses legally vetted lease templates that balance landlord protection with full compliance.

Legal position: Rental Housing Act, inspections and deposits

The Rental Housing Act 50 of 1999 provides the backbone of South African rental maintenance law. Regular inspections help catch maintenance issues early, and photographs of repairs can document property condition effectively.

Ingoing and outgoing inspections must be conducted jointly by landlord or agent and tenant at occupation and again at lease end. Condition reports with photos distinguish pre-existing defects, fair wear, and tenant damage. Failure to do an outgoing inspection can limit the landlord's right to deduct from the deposit. Tenants must be given reasonable opportunity to attend inspections.

Deposit rules: landlords may only use the deposit (plus interest) for unpaid rent and for repairing damage beyond fair wear and tear. They must provide itemised invoices or quotes to justify deductions. Both landlords and tenants can seek mediation from the Rental Housing Tribunal in case of disputes over unfair deposit deductions or repair obligations.

Fair wear and tear vs damage: avoiding deposit disputes

Fair wear and tear includes deterioration from ordinary use over time. Fair wear is the owner's repair responsibility. To avoid disputes, both parties should keep dated photos and written communication about repairs throughout the lease.

Emergency repairs and response times

Some maintenance issues are so urgent they require immediate action. Emergency repairs - burst geysers causing active flooding, dangerous electrical faults with exposed live wires, gas leaks, or structural collapse risk - are almost always the landlord's responsibility. Landlords should respond to urgent repairs immediately, ideally within 24 hours.

Tenants must report emergencies immediately via the agreed channel and take reasonable steps to limit further damage, such as turning off water mains or switching off electricity at the DB board. Lease agreements should specify who the tenant may call after hours and whether tenants may arrange repairs themselves if they cannot reach the landlord, with clear payment and reimbursement terms. Rawson-managed rentals provide an emergency contact list and protocol for after-hours incidents.

Non-urgent repairs and realistic expectations

Routine repairs - a sticking cupboard door, a single cracked tile - are less time-sensitive. There is no fixed national timeframe in law, but "reasonable time" depends on severity, impact on habitability, availability of parts or a contractor in that area, and agreement between the party involved, often recorded by the agent.

Landlords should group minor repairs where practical but avoid delaying too long, as small issues can become large. Tenants should document requests in writing and follow up politely before escalating to the Tribunal.

Preventing maintenance disputes: communication and best practices

Most landlord-tenant conflicts over property repairs in South Africa are preventable when roles are clear. Clear lease agreements help prevent maintenance disputes, and proactive communication keeps the relationship on track.

For landlords: use a detailed, up-to-date lease and condition report. Budget annually for maintenance and plan periodic repainting and servicing. Appoint reputable, insured contractors and keep proof of all repair work.

For tenants: report issues early, in writing, including photos. Follow house rules regarding ventilation, cleaning, and use of appliances. Cooperate with reasonable access requests for inspections and fixing.

Professional rental management by Rawson Property Group provides a neutral third party to coordinate maintenance, documents every step from quotes to invoices, and reduces the emotional temperature when disputes arise.

Contact your nearest Rawson office to structure a compliant lease agreement or resolve existing maintenance issues - because when both parties understand their obligations from day one, everyone benefits.