Storm Damage on a Leased Property: Who's Responsible — Tenant, Landlord, or Body Corporate?
Monday, July 20, 2026
Between the storms that battered the Garden Route in May and June, many landlords and tenants across Plettenberg Bay are still dealing with the aftermath — from water-stained ceilings in Whale Rock to fallen fencing near Robberg and roof damage in and around Beachy Head and Keurboomstrand. For those in a lease, one question keeps coming up: who actually pays for the repairs?
There isn't a single law in South Africa that deals with storm damage to rented property. Instead, responsibility is worked out from a combination of common law lease principles, the terms of the lease itself, the Rental Housing Act, and — for sectional title units — the Sectional Titles Schemes Management Act. In practice, the answer usually comes down to where the damage happened, what caused it, and whether anyone's negligence made it worse.
The starting point: landlords carry the risk of the weather
Under common law, a landlord must give a tenant beneficial occupation of the property and keep it in a condition fit for the purpose it was let for. That means the risk of damage caused by unforeseeable, uncontrollable events — like the storms we've just had — generally sits with the landlord, not the tenant.
If hail or wind stripped roof sheeting, or heavy rain caused flooding through the structure, it's the landlord's responsibility to arrange repairs, deal with water ingress, and restore the property to a livable condition. This is simply part of a landlord's ongoing duty to maintain the property and ensure the tenant can continue living there comfortably.
When does a tenant become liable?
A tenant isn't automatically on the hook just because damage happened during their lease. Liability only comes into play where negligence can be shown — in other words, where something the tenant did (or failed to do) caused or worsened the damage.
A practical example: if a tenant leaves windows unlatched and doors open during a violent storm, and this results in smashed panes, warped doorframes, or other avoidable damage, that tenant is likely to be liable for those specific repairs. But where the damage is purely down to the severity of the weather itself, responsibility stays with the landlord.
This is exactly why our storm season advice to tenants is simple: secure the property properly before bad weather hits, and report any damage to your landlord or managing agent immediately. Prompt reporting protects both parties and prevents a manageable repair from becoming a much bigger — and more expensive — problem.
Sectional title properties: enter the body corporate
For Plett's many sectional title units and complexes, there's a third party in the mix. Under the Sectional Titles Schemes Management Act, the body corporate is responsible for maintaining and repairing common property — this includes roofs, external walls, communal gardens, pools, and shared structures.
So if a storm damages the roof of a sectional title unit or communal areas within a complex, that repair typically falls to the body corporate rather than the individual landlord or the tenant. Damage inside a specific unit, however, is usually still handled between landlord and tenant under the principles above.
What this means for landlords, tenants, and sellers right now
Landlords: Review your insurance cover, document any outstanding storm damage, and prioritise repairs that affect habitability. A well-maintained property also protects your rental income and resale value.
Tenants: If your unit was affected, report it to your landlord or letting agent in writing, with photos, as soon as possible. This creates a clear record and speeds up the resolution.
Sellers and buyers: If you're considering listing a storm-affected property, be upfront about any repairs still in progress. Transparency builds trust and avoids complications during the sale process.
Personal belongings: A landlord's responsibility covers the structure and fixtures of the property, not a tenant's personal contents. Damage to a tenant's own furniture, electronics or other belongings is covered by the tenant's own contents insurance, not the landlord's policy. It's important for every tenant to have contents insurance in place, particularly during storm season.
Every lease is different, and the details of any specific case can shift the outcome — so where there's a dispute or a large claim involved, it's worth getting a second opinion from a property attorney.
Have a storm-related question about your rental property?
Whether you're a landlord, tenant, or considering a sale in Plettenberg Bay, our team is here to help you navigate it.