Landlords, Tenants, and Property Maintenance

Landlord responsibilities to a rented property and tenants can be quite a contentious issue, especially when these responsibilities are not clearly defined before a lease agreement is signed. Seeff Properties Botswana looks at what aspects of property maintenance a landlord is actually responsible for and what falls to the responsibility of a tenant, both before and during the term of a rental contract.

Without a doubt many landlords are aware of what they are responsible for with their rental properties. However, many are not, especially new landlords. And it is this lack of knowledge that often contributes to conflicts and confrontation between landlords and tenants. And in some instances, can reduce the asking rental amount.

Firstly, and most importantly, it is essential to have a rental agreement / contract in place that clearly stipulates in writing what responsibilities fall to each party. This agreement must be signed and in place before the tenant moves into the property. A good real estate agent will be able to assist with a well drafted rental contract.

Property maintenance issues are often a grey area. What does a landlord do when he receives a call from a disgruntled tenant saying that the gate motor has broken, a tree has fallen over or there is an underground water leak? And if the property is rented out furnished, there are even more areas to cause dispute.

Why Should a Landlord Care About Property Maintenance?

Property is an asset to any landlord and if maintained and looked after can sustain or increase in value. The property is a source of income to the landlord and, even though they don't live in it, it needs to attract and retain quality tenants. Any landlord would want to retain the value of their investment and the rental income received. As a landlord, it would be good practice to familiarise yourself with the life expectancy of household fixtures such as geysers, swimming pool pumps, gate motors and ovens.

There are three key motivators for a landlord to care about maintaining their rental property: 

1. First impressions count and a well-maintained property will be more attractive to prospective tenants. Tenants are less likely to be excited about viewing the property if the first thing they see is peeling paintwork and an overgrown garden. It is also very hard for agents to get good photographs of an unkempt property, making it harder to market.
2. A well-maintained property can attract a higher rental value. If your property is well presented with everything in good working order and it looks like it is cared for, you will likely be able to charge a higher rent. Not only this but potential tenants are also more likely to look after the home and keep up with the maintenance.
3. Regular property maintenance can also be more cost effective in the long run. If a maintenance issue is attended to early, it can generally save you a lot of money rather than leaving the problem to get bigger or more severe. For example, you should regularly check your geyser for signs of leaking. If left unattended, you could end up paying a lot of money to replace it.

What are a Landlord's Maintenance Responsibilities Before a Tenant Moves into the Property?

A key tip from real estate agents is to ensure that the property is in tip top condition before it is shown to prospective tenants. Don't leave maintenance issues until a tenant has signed a lease and say that the issues will be attended to at a later date. You will have a disgruntled tenant from the outset who will likely not bother to other minor maintenance issues themselves and possibly offer a rental amount below the asking price.

Internationally, the general rule is that before a tenant moves into your rental property, the property must be fit for residence. This is the sole responsibility of the landlord. It is advised that the landlord carry out a thorough inspection of the property before a tenant moves in. Power and water supply should be checked, the house should be free from vermin and the structural integrity should be sound.

Here are five common questions a landlord should ask themselves before a tenant moves into their property:

• Is the geyser working? 
• Is there power supply and are all electricals working?
• Is all the plumbing in order? 
• Is the yard area clear and free from refuse?
• Is the house clean? This includes pests and vermin, ventilation, and all paintwork.  

What are a Landlord's Maintenance Responsibilities During a Tenant's Stay in the Property?

Maintenance issues can get awkward once a tenant has moved into your property. Especially if obligations and responsibilities have not been set out prior to occupancy. If nothing else, there should be a formal handover of the house to the tenant by the landlord. The tenant would usually have a stated period (detailed on the lease) in which to report any faults they find back to the landlord; the duration of this may be different on different rental contracts.

The most important thing to acknowledge is that the landlord's maintenance responsibilities are focused on damage and repair to faults that are not the result of a tenant's negligence or natural causes. However, there is no one-size-fits-all rule, so clarifying responsibilities in the lease agreement is essential. Your real estate agent will also be able to advise you on what is fair practice.

Overall, these areas of maintenance would fall under the responsibility of the landlord:

• Damp/mould. 
• Plumbing.
• Electrical wiring problems. 
• Any damage resulting from external forces (i.e. wind, rain). 
• Replacing or fixing items that are damaged from general wear and tear. 

The following are examples of what would fall under the responsibility of the tenant:

• Replacing lightbulbs
• Swimming pool maintenance
• Keeping gutters free from leaves
• Maintaining the yard area in a tidy state

It is also important to remember that most rental agreements allow for the landlord to inspect his / her property from time to time, with reasonable notice given to the tenant.

What are a Landlord's Maintenance Responsibilities When it is Time for the Tenant to Vacate the Property?

Priority must be given to an outgoing property inspection just before the tenant vacates the property. The tenant and landlord should both be present at the inspection to assess the state of the property and note any issues that have been left unattended. If not carried out thoroughly, this can lead to dispute when it is time to return the rental deposit.

A tenant has lived in the property for some time and will be in a good position to advise the landlord of any issues that should be attended to before the property goes back on the market.

Before a new tenant moves in, consider the following:

• Ask yourself if you would be happy moving into the house. This is often not considered, and a landlord should look at the property through the eyes of a tenant.
• Have the property deep cleaned and ensure that the yard area / garden is clear and in a good state. This will set the home up ready for new tenants.
• Attend to any damages / faults that may have resulted from general wear and tear of having had occupants. If, however, the tenant has damaged any appliance or aspect of the home that would otherwise not require repairs, they are liable for this. 
• Presentation is so important. A well presented home will likely achieve the asking price.

In summary, Seeff Properties advises landlords to always use a real estate agent when listing a property to rent. The agent will have a legally binding contract that will form the lease agreement between the two parties, and it will clearly state who is responsible for the maintenance of the various aspects of the home.