Maintenance: “To pay or not to pay…that is the question!”

A home is a place of happy memories, safety and love. It’s where we rest and unwind before taking on the world again, right? Well, until the walls need paint or the roof leaks… One of the benefits of renting a home is that some maintenance is taken care of by the landlord. And so, the question of “who should be settling the bill, the tenant or the landlord?” often arises.

Averly’s CEO, Zabeth Venter looks at some rental industry practices as well as the legal landscape to assist South African owners and renters in answering this question. Here, she shares some tips to make life easier when dealing with home maintenance, so you can focus on creating happy memories and finding rest within your walls.

It starts with understanding “fair wear and tear”

Whether we like it or not, property ages just as we do. Over time, the walls crack and discolor. Or maybe the wooden window pane starts whistling when the wind blows. These things are normal. Similar to ageing, homes deteriorate at a steady pace, sometimes simply due to being lived in, but other times because of the sunshine that we’re so blessed to have in abundance, in our country.

“Fair wear and tear” is therefore usually the landlord’s responsibility. A good practice for landlords is to keep a portion of their rental income in a “maintenance savings account” and then plan the maintenance work based on the seriousness of the issues noted during property inspections. This approach helps landlords keep their properties competitive and attract great tenants, while ensuring they stay within the guidelines of The Rental Housing Act.

When accidents happen, it is time to own up

But life happens: just when you’re having so much fun playing cricket with your toddler in the backyard, he hits a six that goes straight through the tool shed window… In this case, it’s the tenant’s responsibility to pay to replace the window.

Many tenants also really want to be hands-on when it comes to looking after the property, but when you don’t read the swimming pool pump manual and end up turning knobs that lead to the pump burning out, you have to own up and settle the bill. These are extreme examples and may seem obvious to resolve when you consider whether negligence or willful damage occurred. However, in reality, it’s not always simple to determine who is responsible for maintenance…

When it is not always that simple…

People often ask who is responsible for unblocking the drain. When the root cause for the blockage is that you, as a tenant, are giving your lovely Golden Retriever a bi-monthly bath in the guest bathroom, you’ll need to settle this “hairy” situation. But if the beautiful fig tree in the back garden starts to infiltrate the sewage system in search of water, causing the drains to block more frequently, the cost of repairs falls on the landlord.

Another issue that causes much debate is the relationship between “fair wear and tear” and accidental damage. A good example is when a tenant has friends over and someone spills a glass of red wine on the white carpet, staining the corner of the carpet. Let’s say, professional cleaners can’t salvage the stain and the carpet needs to be replaced. How much should the tenant contribute to the replacement cost? Some people would argue for the full amount. A fairer approach would be to pro-rata the cost because the carpet is also subject to “fair wear and tear” and the accidental damage (in this example) didn’t cause the entire carpet to deteriorate at once.

To avoid grey areas, it’s important to openly address the types of situations where “fair wear and tear” and accidental/willful damage lead to maintenance costs in the contract. This allows everyone to understand what would happen if such a circumstance occurred and what their responsibilities would be.

Sometimes being helpful doesn’t help at all

Unbelievable as it may sound, there are several situations where tenants should not fix worn or broken items themselves. In fact, this ‘help’ could end up detrimental to the property. For example, if a home is brand new and still under the contractors’ warranty, fixing something like a leaky pipe, yourself, could cause the landlord to incur unnecessary costs and impact their warranty. Instead, it’s better to speak to the landlord first, and ensure that the pipe is not under warranty, before being the efficient and helpful person you are.

Many items are also covered by the landlord’s insurance. So, it’s always better to notify the landlord or his property practitioner before you initiate maintenance or improvement projects.

How do we manage maintenance smarter?

Before you sign a rental contract, take the time to make sure you understand your roles and responsibilities when it comes to maintenance. This principle applies to both landlords and tenants. Knowing beforehand what is expected empowers you to do the right thing.

Also, always ensure the property’s condition is properly captured at the beginning and end of the rental period. As a tenant, you can also add snags to the move-in inspection in the first week. If you find that a plug isn’t working or the oven won’t heat up, make sure that you capture it. Not just because it needs to be repaired but also to protect you from undue costs being deducted from your deposit later.

As a landlord, it’s vital to have a record of the property’s condition so that you can properly distinguish between fair wear and tear and damage, and apply the guidelines to recover the costs of damage as per The Rental Housing Act.

Lastly, if any readers are rental property practitioners, show your expertise on these important matters to both landlords and tenants. Not only can you advise tenants and landlords on what should be included in their rental contract but you can also assist landlords in keeping their properties in tip-top shape to attract the best tenants. They’ll all thank you in the future…

And the best news is that this can all be done using Averly’s smart rental software.

Averly Blog