Landlord Repairs

Section 11 of the Landlord and Tenant Act 1985:

Section 11 of the Landlord and Tenant Act 1985 states that a Landlord will be responsible for ensuring that the following are kept in repair and proper working order:

Landlords are not obliged to effect improvements to the property. Nor are they expected to repair any of the items listed above in cases where the Tenant has caused the damage or disrepair. Landlords are furthermore not expected to rebuild or reinstate the property in cases of flooding, fire or other such accident, including the repairing or maintaining of furniture or other such assets belonging to the Tenant.

Procedure for Repairs:

The Landlord's obligations in terms of Section 11 will only arise when he has received notification of the defect. The Landlord is permitted a reasonable period in order to carry out the repairs. What determines a reasonable period will depend on the nature of the defect as well as the urgency of the defect needing to be repaired. The Landlord is entitled to first inspect the defect and should be provided with a right of access to the property, upon notice of such inspection to the Tenant.

Tenant's Remedies:

Where the Landlord has failed to carry out the necessary repairs in terms of Section 11, the Tenant has the following legal remedies:

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