Asked by the Customer on 09-03-2015 19:09:07
Question posted in the Landlord Tenant Law category relating to Gauteng
Question posted in the Landlord Tenant Law category relating to Gauteng
I work for a large company renting propeties as accommodation for our employees. I feel that the house owners and estate agents are taking advantage of us when it comes to the repair and maintenance of the property.
What items are considered fair wear and tear? Loose cupboard hinges? Loose tap knobs? Shower door wheels wearing out? Window fasteners and handles?
When should the tenant be responsible for painting or replacement of carpets?
What items are considered fair wear and tear? Loose cupboard hinges? Loose tap knobs? Shower door wheels wearing out? Window fasteners and handles?
When should the tenant be responsible for painting or replacement of carpets?
Message from the Attorney
Posted by Att. Patrick on 10-03-2015 10:43:38
Hi there and thank you for your question,
If you think of fair wear and tear items as being those items that would be worn away or damaged as a result of using the property (opposed to the property remaining vacant) that is generally the rule of thumb. This would include door handles, locks, loose taps, knobs, shower door wheels, window fasteners and handles, toilet seats, etc. Typically it's all of the things inside the property.
Things that it would not include would be geysers, curtains, blinds, etc.
In addition, if the tenant has caused damage to the carpets (opposed to fair wear and tear) then the landlord could insist that the carpets are replaced. But general fair wear and tear here would not suffice a landlord's demands that the carpets are replaced each year. i.e. when the lease is up.
The same thing with painting. If there are marks on the walls or damage to the paint then the landlord could insist that the walls are repainted. If there are no marks, or damage, then the landlord can't -- except in circumstances where the lease agreement states that it must. i.e. the parties agreed to repaint the walls at the end of the lease.
If you are a company negotiating multiple leases surely you would have more power in the negotiations as to what should be included and what should not be included? If you were an individual I would understand an imbalanced bargaining position, but not a company rentaing multiple properties.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
If you think of fair wear and tear items as being those items that would be worn away or damaged as a result of using the property (opposed to the property remaining vacant) that is generally the rule of thumb. This would include door handles, locks, loose taps, knobs, shower door wheels, window fasteners and handles, toilet seats, etc. Typically it's all of the things inside the property.
Things that it would not include would be geysers, curtains, blinds, etc.
In addition, if the tenant has caused damage to the carpets (opposed to fair wear and tear) then the landlord could insist that the carpets are replaced. But general fair wear and tear here would not suffice a landlord's demands that the carpets are replaced each year. i.e. when the lease is up.
The same thing with painting. If there are marks on the walls or damage to the paint then the landlord could insist that the walls are repainted. If there are no marks, or damage, then the landlord can't -- except in circumstances where the lease agreement states that it must. i.e. the parties agreed to repaint the walls at the end of the lease.
If you are a company negotiating multiple leases surely you would have more power in the negotiations as to what should be included and what should not be included? If you were an individual I would understand an imbalanced bargaining position, but not a company rentaing multiple properties.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
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