Introduction

With the recent storms in the Western and Southern Cape, property owners across the regions suffered severe damage from heavy rain, floods, and gale-force winds. If you are the owner of your property, you bear the risk, but what happens if you are not the owner and are instead a tenant?

Landlord’s responsibilities

As a general rule, a landlord is responsible for maintaining and repairing the structure of the leased property so that the tenant can enjoy beneficial occupation of the premises. This typically includes the roof, walls, foundations, and other structural components, unless the lease provides otherwise. Where structural disrepair interferes with the tenant’s use and enjoyment of the property, the landlord may be obliged to carry out the necessary repairs and, if they fail to do so, may face claims for appropriate relief.

Under South African common law, a landlord is not automatically liable for storm damage simply because they own the property. Liability generally arises only when the landlord was at fault, such as by failing to properly maintain the premises or neglecting known defects that contributed to the damage. If the damage was caused solely by an unavoidable natural event, the landlord will usually not be liable for the tenant’s loss. However, the tenant may still be entitled to a rent reduction or other relief if their beneficial occupation of the premises has been materially affected.

Tenant’s responsibilities

A tenant is generally responsible for taking reasonable care of the leased property and keeping it clean and in proper condition during the lease period. This usually includes routine upkeep and attending to minor maintenance issues, while avoiding any conduct that could damage the premises. If the tenant causes damage through misuse or neglect, they may be liable for the cost of repairs.

In the context of storms, a tenant is generally expected to take reasonable steps to protect the property and to report any damage to the landlord without undue delay. Although a tenant is not usually responsible for structural storm damage caused by an unavoidable natural event, they may still be liable for losses worsened by their own negligence, such as failing to close windows, ignoring leaks, or failing to take sensible precautions to prevent further damage.

What is Force Majeure?

Force majeure refers to an extraordinary and unforeseeable event beyond the control of the parties that makes performance impossible, or in some cases materially impedes it. In the context of a lease, events such as severe storms, floods, or other natural disasters may amount to force majeure if they prevent either party from fulfilling their obligations.

Whether force majeure applies will depend on the terms of the lease and, where no express clause exists, on the common-law principles of supervening impossibility. In simple terms, this means that a party may be excused from performing if an unexpected event makes performance (i.e. paying rent) objectively impossible through no fault of their own. Rather than withholding rent, the tenant and landlord should negotiate and agree on a rent remission. If negotiations fail, the tenant may apply to the Rental Housing Tribunal for a rent deduction.

Conclusion

Liability for storm damage in a lease context depends on the cause of the damage, the lease terms, and whether either party was at fault. A landlord will generally remain responsible for the property’s structural integrity, while a tenant must take reasonable care of the premises and avoid conduct that worsens any damage.

Where severe weather amounts to force majeure, neither party will automatically be liable simply because the loss occurred, and the proper remedy may instead be rent remission or other relief where the tenant’s beneficial occupation has been materially affected. For that reason, both landlords and tenants should review the lease carefully, document the damage promptly, and seek legal advice where responsibility or the appropriate remedy is unclear.

For further assistance, consult an attorney at SchoemanLaw.

Janet Mc Intosh | SchoemanLaw Inc
Attorney
www.schoemanlaw.co.za