Parties are free to agree as they
deem fit insofar as the maintenance of the Premises is concerned and, as such,
this clause clearly sets out the duties of the Tenant insofar as maintenance of
the Premises and behaviour are concerned. It is important to note that in terms
of this particular clause, the Tenant is obliged
to maintain all geysers, water taps and accessories. The reason for this is
due to the fact that most Tenants are under the impression that the Landlord
must maintain all these items, which results in the Landlord being called out to
fix every tiny leak or loose tap. Obviously, in the case of a geyser bursting,
the Landlord would be responsible, but where it comes to ensuring that rivets
are not loose and rust is monitored, this is specified as being an obligation
of the Tenant.
The exact nature of this clause should be explained to the
Tenant so as to avoid any confusion. Furthermore, 17.1.12 refers back to the
definition of "Fair Wear and Tear". It is important that the Tenant be aware of
the fact that where he or she fails to maintain an item, for example, allows a
key to rust in a lock, and the item is subsequently damaged or needs to be
repaired, this will not constitute “Fair Wear and Tear” for the purposes of the
outgoing inspection. This position is confirmed in the case of Sarkin v Koren 1949 (3) SA 545 and Green v Heyman 1963 (3) SA 390 (T).