Important duties and obligations are set out for Landlords

Various legislation such as the Rental Housing Act and the Consumer Protection Act contain provisions pertaining to the duties and obligations of Landlords. Ideally, these duties and obligations should be set out in a written Lease Agreement to ensure there is a full understanding by both the landlord and tenant in this regard.

Some important duties and obligations include:

The landlord should provide a written lease to the tenant as far as possible. It should include important aspects such as the property description, rental, period of the lease, notice provisions and the duties and obligations of both parties including as it pertains to maintenance and repairs.

The landlord is obliged to provide the full property to the tenant for their use and enjoyment and this includes the keys as well as any operating instructions need for aspects such as the swimming pool, security system etc.

The property must be in a habitable condition. The landlord should therefore ensure that all necessary repairs and maintenance is done before the date of occupation. There should be no defects and it must be painted and clean.

While the tenant is usually responsible for the day-to-day maintenance of the property, the landlord is responsible for structural maintenance as well as all installations such as the electricity, water, sewerage, geyser and so on.

The landlord may not enter the property without prior arrangements and must respect the privacy and tenant's right to undisturbed use of the property. Prior arrangements should be made, and it is advisable to include a clause to that effect in the lease agreement.

The landlord must provide the tenant with a receipt in respect of the deposit and rental payments. The deposit must be invested in an interest bearing account for the benefit of the tenant. No deductions may be made whatsoever, save for damage repairs at the end of the lease.

The landlord may not increase the rent during the lease period unless it is provided for in the lease agreement. In terms of the Regulations of the Rental Housing Act, rent increases must be reasonable and inflation-related, and be agreed upon by landlord and tenant. 

If the tenant decides to cancel the lease early in terms of the provisions of the Consumer Protection Act, the landlord must accept the cancellation, but will be entitled to payment of a cancellation penalty which should preferably be provided for in the lease agreement.

The landlord must pay the property taxes and utilities pertaining to the property unless otherwise provided for in the lease. Generally, for example, the tenant must pay for certain utilities such as water and electricity.

Should the landlord sell the property during the lease period and no provision for cancellation is provided in the lease agreement, then the lease must be transferred to the new owner on the same terms and at the same rental.

In terms of the new Property Practitioner's Act, the landlord must provide a Condition of Property Report, duly signed which must be attached to the rental mandate as well as the lease agreement. This report forms an integral part of the lease.

The landlord is also obliged to undertake an ingoing and outgoing inspection with the tenant so that the condition of the property is agreed upon. The tenant will be liable only for damages caused during the tenancy.

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