Landlord not maintaining property. What is my rights
In South Africa, the Rental Housing Act (RHA) outlines the rights and responsibilities of both tenants and landlords regarding property maintenance. As a tenant, you have certain rights if your landlord is not maintaining the property in a habitable condition. Here’s a breakdown of your rights and the steps you can take:
Landlord’s Responsibility for Maintenance
The RHA states that landlords are obligated to maintain the property in a good state of repair and ensure it’s habitable. This includes:
- ✅ Addressing repairs for essential services like plumbing, electrical systems, and hot water.
- ✅ Ensuring the roof is in good condition and doesn’t leak.
- ✅ Maintaining the structure of the property to prevent dampness or safety hazards.
Your Rights as a Tenant
If your landlord is neglecting these maintenance obligations, you have the following rights:
- 📌 Request Repairs: You have the right to request repairs from your landlord in writing. Clearly outline the specific issues and any potential health or safety hazards they might pose. Keep a copy of your written request for records.
- 📌 Reasonable Time for Repairs: The landlord is obligated to address the repairs within a reasonable timeframe. The urgency of the repairs (e.g., a burst geyser vs. a chipped countertop) will influence what constitutes a “reasonable timeframe.”
- 📌 Repair Deductions (With Approval): If the repairs are urgent and the landlord fails to act, in some cases, you might be entitled to deduct a reasonable amount from your rent to cover the repairs. However, you should only do this with the landlord’s written consent to avoid potential disputes.
- 📌 Terminate the Lease: In extreme situations, if the property is deemed uninhabitable due to the landlord’s neglect, and they fail to address the issues, you might have the right to terminate the lease agreement early. This would likely involve following a legal process through the Rental Housing Tribunal (RHT).
Resolving the Issue Amicably
Open communication with your landlord is always the first step. Explain the problems you’re facing and the impact they have on your ability to comfortably and safely occupy the property. Provide a written request for repairs and propose solutions like scheduling a time for a handyman to visit the property.
Taking Further Action
If communication with the landlord fails to resolve the issue, here are some resources available to you:
- ✅ The Rental Housing Tribunal (RHT): The RHT is a government body that offers dispute resolution services for rental housing matters. You can file a complaint with the RHT if the landlord is neglecting their maintenance obligations. They can mediate disputes or adjudicate the matter and issue an order for repairs or other remedies.
- ✅ Tenant Organisations: Several tenant organizations in South Africa offer support and advice to tenants facing issues with landlords. These organizations can provide guidance on your rights and the process of filing a complaint with the RHT.
Remember
- 📌 Document everything. Keep copies of written requests to the landlord, photos of the property issues, and any communication regarding repairs.
- 📌 Understand your lease agreement. Review the agreement to see if there are any specific clauses related to maintenance responsibilities.
- 📌 Seek legal advice if necessary. In complex situations, consulting with a lawyer specializing in landlord-tenant law can be beneficial.
By understanding your rights and taking the appropriate steps, you can ensure that your landlord fulfills their responsibility to maintain the rental property in a habitable condition.
