Incoming and outgoing inspections vital for rental property
Category Rentals
The Rental Housing Amendment Act 35 of 2014 is still to be gazetted into law, but once it comes into full force, it will have notable consequences for landlords and tenants. Some of what is covered under this Act pertains to the condition of the property and the rental deposit.
Incoming and outgoing rental inspections have therefore become a vital aspect of the tenancy. These should not only be done timeously, but should be recorded in writing, signed by both the landlord (or his/her agent) and the tenant and annexed to the lease agreement so that there can be no misunderstanding regarding the condition of the property.
Incoming inspections
An incoming inspection sets out the agreed condition of the property prior to occupation by the tenant.
An incoming inspection checklist should be used, and the landlord (or his/her agent) and tenant must go through the entire property room by room as well as the garages, outbuildings and garden as applicable.
Each area must be checked, and the condition carefully recorded including the state of fittings such as blinds or curtains as well as furnishings and equipment in the case of a furnished property. The checklist must then be signed by the landlord (or his/her agent) and the tenant and annexed to the lease agreement.
Rather than listings things which need to be repaired or areas to be painted, it is recommend that this is done prior to occupation and the inspection to avoid potential issues. Everything should be fully functional and in working condition and the property should be thoroughly cleaned, including steam cleaning of carpets, curtains and blinds, prior to occupation. The garden and pool must also be cleaned if relevant. All garden rubble and refuse must be removed.
Once the property is then handed over, it is in the agreed condition.
Outgoing inspections
The outgoing inspection must be done before the tenant vacates the property or on the day that the tenant moves out. The tenant should similarly start preparing the property for handover before the moving day so that there are no issues left undone.
This would include removing all nails and filling holes and painting. Everything must be in full working order including the oven, pool pump, light switches, lights (with new working globes), geyser, garage doors and two sets of working keys and remotes handed over.
The kitchen and bathroom must be thoroughly cleaned. All cupboards must be cleaned. The floors must be cleaned, and carpets steam cleaned. If pets were kept, the property must be fumigated prior to vacating the property. All garden rubble and refuse must be removed from the property so that it is left in the same condition as it was upon occupation as agreed in the incoming inspection.
The landlord or his/her agent must do the outgoing inspection with the agent and it must be signed by both parties. Failing this, the tenant runs the risk of the costs of repairs being deducted from their deposit.
The landlord is required to place the tenant's deposit in an interest-bearing account and repay the deposit with interest within seven days of the lease expiring. The landlord may however deduct the reasonable costs of repairs to restore the property, hence the vital importance of incoming and outgoing inspections.
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Author: Gina Meintjes
