Clause Landlord Tenant Withholding Rent
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FAQ
Even when repairs are not completed, a tenant should never stop paying the rent. Withholding rent will put them in breach of their tenancy agreement and the tenancy may be terminated. See Resolving property repair, maintenance or damage disputes for options.
You don't have the right to withhold rent because of your landlord's failure to do repairs. If you withhold rent your landlord may start possession proceedings against you and put you at risk of eviction.
You may wish to withhold rent to try to force your landlord to take action about something, such as repairs. If your landlord is failing to provide a service that you are paying for as part of your rent (for example cleaning, gardening or meals) you should only withhold the money covering that service.
In South African law, the default position is that rental is payable in arrears, unless specified otherwise, and a tenant may only withhold the payment of rental if the landlord has indeed failed to fulfil its obligations.
Please note, you cannot withhold more than one month's rent and you must continue paying your rent for the term of your lease, even if your landlord never gives you the standard lease. However, if a standard lease is not provided, special rules allow you to end your fixed-term lease early.
