06/05/2026
Residential leases
Who is responsible for repairs and maintenance during a lease? Plumbing blockages, roof leaks, wall cracks, driveway motor, electrical shorts, oven element, etc.
In South Africa, residential leases are mainly governed by the Rental Housing Act 50 of 1999, together with common law, lease agreements, regulations and
some other statutes (like the Consumer Protection Act, if applicable,) and municipal by-laws).
Core Legal Duties of a Landlord:
1. To provide a habitable property: the landlord must ensure the dwelling is fit to live in (safe, structurally sound, hygienic);
2. They must maintain the property and carry out necessary repairs.
This includes things like plumbing, electricity, roof leaks, structural integrity,
basic health and safety compliance.
The landlord's duties with regard to the above are restricted to the following specified areas which the tenant is responsible for.
The tenant must :
1. Use the dwelling in a proper manner and for the purpose for which it is let;
2. Dispose of all rubbish in a clean and safe manner;
3. Maintain the dwelling in a clean, tidy and safe state of repair;
4. Use all electrical, plumbing, sanitary, heating, air-conditioning and other facilities and appliances in a reasonable manner;
5. Refrain from intentionally or negligently damaging anything, fair wear and tear excluded;
6. Replace globes and maintain or replace electrical fittings and switches;
7. Maintain any garden neat and tidy;
8. Maintain any swimming pool, pipes, pumps and accessories in good order and repair, fair wear and tear excepted;
9. Return the premises at the end of the lease in the same condition as received, fair wear and tear excepted.
Understanding which party is responsible for the problem arising, goes a long way towards resolving any dispute and Molete Attorneys can help in this regard. There are also a host of clauses commonly seen in leases which have been declared unlawful - such as charging penalties for late payment of rent - and one should take care as an owner to have your lease agreement properly drawn or checked for compliance.
References:
Rental Housing Act 50 of 1999
Rental Housing Amendment Act 35 of 2014
Rental Housing Amendment Act 2025
Regulations under the Rental Housing Act, 26th March 2021 Chapter 7
If you are facing a problem as a landlord or tenant and need help, contact us at:
☎️: 083 353 5435
📮: [email protected]
