Renting a home comes with rights and responsibilities for both tenants and landlords. When disputes arise, the Rental Housing Tribunal provides a mechanism for resolving them without either party having to pay a fee.
The Rental Housing Tribunal is an independent body appointed by a provincial MEC in terms of the Rental Housing Act. Tribunals are established in all nine provinces to provide free, effective and efficient services to resolve disputes between tenants and landlords in residential rental properties.
What can the Rental Housing Tribunal do?
The Tribunal has a range of powers to resolve rental disputes. These include determining whether a matter falls within its jurisdiction, summoning or subpoenaing a tenant or landlord to a hearing or mediation, and conducting hearings either in person or virtually.
It can also issue mandatory or prohibitors interdicts requiring a tenant or landlord to comply with provisions of the Rental Housing Act.
Tribunal rulings have the same force as a judgment of the Magistrates’ Court. The Tribunal can impose fines, make determinations on fair rentals and issue spoliation orders, among other measures.
Who can lodge a complaint?
A tenant, landlord, group of tenants or landlords, or an interest group may lodge a complaint with the Tribunal.
A prescribed complaint form can be submitted:
• In person at a Rental Housing Tribunal office;
• Electronically to the Tribunal or an established Rental Housing Information Office;
• At a Rental Housing Information Office operated under a local authority or municipality; or
• Through another method permitted by the relevant Tribunal.
• What happens after a complaint is lodged?
Once a complaint is registered, the Tribunal conducts a preliminary investigation to determine whether it has jurisdiction and whether the matter constitutes an unfair practice.
Both parties are then notified, and mediation is scheduled in an attempt to resolve the dispute.
If the parties reach an agreement, the mediation agreement can be made an order of the Tribunal.
If no agreement is reached, the matter is referred to the Tribunal for a hearing, known as arbitration. The Tribunal then makes a ruling that is binding on the parties, unless it is an interim order.
Where a party fails to comply with a mediation agreement or Tribunal ruling, the aggrieved party may approach the Tribunal for assistance in enforcing it through the Magistrates’ Court.
A party dissatisfied with the Tribunal proceedings may take the matter on review to the High Court.
What constitutes an unfair rental practice?
The Tribunal can deal with practices that unreasonably prejudice the rights or interests of tenants or landlords.
These include:
• Illegal lockouts or unlawful disconnection of water, electricity or other services;
• Failure to refund a deposit;
• Illegal evictions;
• Exploitative rentals and disputes over fair rentals;
• Forced entry into a rented property;
• Lack of maintenance and repairs;
• Harassment and intimidation;
• Discrimination by a landlord against prospective tenants;
• Failure to issue rental receipts;
• Unlawful seizure of a tenant’s goods;
• Damage to property;
• Causing a nuisance;
• Overcrowding and creating health hazards;
• Demolitions and conversions;
• Non-compliance with house rules;
• Non-payment of rent; and
• Prohibiting the establishment of tenants’ committees or tenant activities.
Important: The Tribunal does not have jurisdiction to hear applications for eviction orders.
Does the Rental Housing Act apply to your home?
The Act applies to residential dwellings, regardless of who owns the property. It does not apply to business or commercial properties.
A dwelling can include a house, hostel room, hut, shack, flat, apartment, room, outbuilding, garage or similar structure leased for residential purposes.
A storeroom, outbuilding or demarcated parking space may also form part of the leased dwelling where this has been agreed between the landlord and tenant.
What are tenants’ rights?
Tenants have a right to privacy and protection from unreasonable interference with their person and property.
Among other protections, a tenant has the right:
• Not to have their person searched;
• Not to have their property searched; and
• Not to have their possessions seized without a court order.
What are a tenant’s responsibilities?
Tenants are expected to:
• Pay rent and other charges when they become due under the lease agreement;
• Use the premises principally for residential purposes;
• Keep the premises reasonably clean and tidy;
• Notify the landlord as soon as possible of damage or the need for repairs;
• Vacate the premises when the tenancy ends;
• Remove their belongings and rubbish;
• Return keys, security cards and other access devices provided by the landlord;
• Leave items provided by the landlord at the premises, and
• Leave the premises in the condition in which they were found, allowing for fair wear and tear.
What are landlords’ rights?
Landlords have the right to receive regular payment of rent and other charges in terms of the lease.
They may recover unpaid rent and other amounts due after obtaining a Tribunal ruling or court order.
A landlord may also terminate a lease on grounds that do not constitute an unfair practice and are specified in the lease agreement.
Once a lease has been terminated and the necessary order obtained, the landlord may repossess the property and claim compensation for damage caused to the premises.
What are a landlord’s responsibilities?
Landlords must provide the rented premises in a reasonable state of cleanliness and maintain them in a reasonable state of repair, taking into account the age and character of the property and its expected period of habitability.
They must also comply with applicable building, health and safety requirements.
Where a property does not have a reticulated water supply, the landlord must provide adequate means for collecting and storing water.
In certain circumstances, a landlord must compensate a tenant for reasonable expenses incurred in carrying out urgent and serious repairs, provided the damage was not caused by the tenant and the tenant notified the landlord, or made a reasonable attempt to do so.
Landlords must also take reasonable steps to ensure that other tenants do not interfere with a tenant’s reasonable peace, comfort or privacy.
They may not terminate or interfere with the supply of gas, electricity, water, telephone services or other services to a property, except where such interference is necessary to prevent danger or enable maintenance or repairs.
However, landlords are not obliged to repair damage or compensate tenants for repairs where the damage was caused by the tenant.
Is there a fee to lodge a complaint?
No. There is no cost to either the tenant or landlord from the time a complaint is lodged through the mediation or hearing process.
The Rental Housing Tribunal therefore provides an accessible mechanism for tenants and landlords to resolve rental disputes and understand their rights and obligations under the Rental Housing Act.
Know your rights. Know your responsibilities. Know where to get help when a rental dispute arises. – SAnews.gov.za
