Having been in the Property Management game for more than 140 years we are well versed in receiving tenant and owner queries of all shapes and forms. A recurring query that really has stood the test of time comes up following tenant exit inspections, and relates to which maintenance items can reasonably be recovered from a tenant’s deposit and which fall under general owner maintenance. We thought it may be helpful to share a short overview to clarify how this process works.
In South Africa, residential leases are governed by the Rental Housing Act 50 of 1999, which provides clear guidance on deposit deductions. In terms of the Act, a tenant may only be held responsible for damage beyond fair wear and tear, provided this can be clearly demonstrated through the ingoing and outgoing inspection reports.
This means that while tenants are responsible for damage caused through misuse, negligence, or alterations to the property, landlords remain responsible for normal ageing and deterioration that occurs through ordinary use of the property over time.
Examples of Fair Wear and Tear (Owner Responsibility)
These are typically considered part of the natural ageing of a property, particularly where a tenant has occupied the unit for several years:
• General scuffing or wear on wooden floors
• Repainting of walls due to normal ageing
• Regrouting of bathrooms or kitchens over time
• Replacement of light fittings due to age or electrical wear
• Cosmetic refurbishment prior to reletting
Examples of Tenant Liability
These are items that may reasonably be recovered from the tenant’s deposit if they were not present during the ingoing inspection:
• Holes in walls from nails, screws, or brackets
• Excessive dirt, grease or lack of cleaning at exit
• Damage to fixtures, fittings or appliances
• Broken doors, windows, or cupboards caused by misuse
Why This Matters
While it is always our objective to protect the owner’s investment property, the legislation is designed to ensure fairness to both parties. Attempting to recover costs that fall under fair wear and tear can often result in deposit disputes being referred to the Rental Housing Tribunal, which may delay the return of deposits and create unnecessary administrative processes.
For this reason Steer & Co invest in cutting edge software under the Property Inspect banner to carefully compare the ingoing and outgoing inspection reports to determine which items may legitimately be charged to the tenant and which should be treated as owner maintenance prior to the next tenancy.
Our Approach
Where possible, we aim to resolve minor issues through patch repairs and exit cleaning, while larger improvements such as repainting or refurbishment are addressed as part of preparing the property for the next tenant.
This approach ensures compliance with legislation while maintaining the property to a high standard for future rentals.
Should you wish to discuss the outcome of an inspection or the maintenance recommendations for your property, please feel free to contact our residential investment management division. We are always happy to assist and guide you through the process.
