Tenant improving on leased premises without the consent of the landlord

Question:-

Alhamdulillah, we had a tenant who paid his rental and utility bills monthly & timeously.

The only matter which remains unresolved is that this tenant always did repairs without taking permission, which we continuously requested him not to do.

This was the last month of the tenant’s rental. An amount of R1500.00 for felling the trees in the yard and fixing a gate motor was deducted from the tenant’s water & lights account. Also, there are other damages to the property such as a broken window which was covered with tape when they left.

The tenant also enjoyed the benefit of paying a fixed rental over the last 5 years.

Kindly advise a way forward to resolve the matter.

Answer:-

If the tenant carried out any repairs from his side without consulting with the landlord, and without the landlord agreeing to reimburse him for the repairs, then he will not be entitled to claim the funds spent on repairs. Yes, if the landlord agreed to reimburse him for the repairs carried out, then he will be entitled to claim the monies spent on repairs.

However, if the landlord is aware that the tenant repaired and maintained the property which was to his benefit, then the landlord may voluntarily compensate him for the repairs and upkeep of the property. Yes, the tenant will be liable for damages to the property due to negligence, such as windows broken due to carelessness etc. In this way, both parties may reach some sort of a settlement or compromise whereby the improvements to the property are evaluated. The damages (caused by the tenant) should then be deducted, and the remainder paid over to the tenant. This would a suitable manner of resolving the issue, particularly when he was a good tenant over the years, and from whose tenancy the landlord has benefitted. However, the tenant should keep in mind that he is not entitled to any form of compensation, as the work carried out by him was without any agreement, hence, if the landlord compensates him, then it is as a gesture of goodwill.

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:-

Mufti Mohammed Desai

Date: 10 Safar 1444 / 07 September 2022