Rental dispute? South Africans can use this free service to resolve landlord and tenant complaints

Locked out of your rental home, struggling to get your deposit back or dealing with unpaid rent? South African tenants and landlords can take certain residential rental disputes to the Rental Housing Tribunal without paying a fee.

Rental Housing Tribunals operate in all nine provinces and provide a mechanism for resolving disputes between tenants and landlords without either party having to pay for the mediation or hearing process.

The Tribunal is an independent body appointed by a provincial MEC in terms of the Rental Housing Act, and its rulings have the same force as a judgment of the Magistrates’ Court.

What complaints can the Rental Housing Tribunal handle?

The Tribunal deals with practices that unreasonably prejudice the rights or interests of tenants or landlords.

Complaints can include:

• Illegal lockouts or unlawful disconnection of water, electricity or other services
• Failure to refund a deposit
• Illegal evictions
• Disputes over fair rentals and exploitative rentals
• Forced entry into a rented property
• Failure to maintain or repair a property
• Harassment and intimidation
• Discrimination against prospective tenants
• Failure to issue rental receipts
• Unlawful seizure of a tenant’s goods
• Property damage
• Nuisances
• Overcrowding and health hazards
• Demolitions and conversions
• Non-compliance with house rules
• Non-payment of rent
• Preventing the establishment of tenants’ committees or tenant activities

Importantly, the Tribunal does not have jurisdiction to hear applications for eviction orders.

Who can lodge a complaint?

A complaint can be lodged by a tenant, landlord, group of tenants or landlords, or an interest group.

The 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, or through a Rental Housing Information Office operated by a local authority or municipality.

Other submission methods may also be permitted by the relevant Tribunal.

What happens after you lodge a complaint?

Once a complaint is registered, the Tribunal conducts a preliminary investigation to determine whether it has jurisdiction and whether the complaint constitutes an unfair practice.

Both parties are then notified and mediation is scheduled in an attempt to resolve the dispute.

If an agreement is reached, the mediation agreement can be made an order of the Tribunal.

If mediation fails, the dispute is referred for a hearing, known as arbitration, where the Tribunal makes a ruling that is binding on the parties unless it is an interim order.

If someone fails to comply with a mediation agreement or Tribunal ruling, the aggrieved party can approach the Tribunal for assistance with enforcement through the Magistrates’ Court.

A party dissatisfied with the Tribunal proceedings may take the matter on review to the High Court.

What powers does the Tribunal have?

The Tribunal can determine whether a dispute falls within its jurisdiction and summon or subpoena tenants or landlords to mediation or hearings.

Hearings can take place in person or virtually.

It can also issue mandatory or prohibitory interdicts requiring a tenant or landlord to comply with provisions of the Rental Housing Act.

The Tribunal can impose fines, determine fair rentals and issue spoliation orders, among other measures.

What are tenants’ rights?

Tenants have a right to privacy and protection from unreasonable interference with their person and property.

Among other protections, tenants have the right:

• Not to have their person searched
• Not to have their property searched
• Not to have their possessions seized without a court order

These rights do not remove tenants’ responsibilities under their lease.

What are tenants responsible for?

Tenants are expected to pay rent and other charges when they become due and use the property principally for residential purposes.

They must keep the premises reasonably clean and tidy and notify the landlord as soon as possible when there is damage or repairs are needed.

When the tenancy ends, tenants are expected to vacate the property, remove their belongings and rubbish, and return keys, security cards and other access devices.

Items provided by the landlord must remain at the property.

The premises should also be left in the condition in which they were found, allowing for fair wear and tear.

What are landlords’ rights?

Landlords have the right to receive rent and other charges in accordance with the lease.

They can recover unpaid rent and other amounts due after obtaining a Tribunal ruling or court order.

A landlord can also terminate a lease on grounds specified in the agreement, provided these do not constitute an unfair practice.

Once a lease has been terminated and the necessary order obtained, the landlord can repossess the property and claim compensation for damage caused to the premises.

What are landlords responsible for?

Landlords must provide 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 comply with applicable building, health and safety requirements.

Where there is no 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 for urgent and serious repairs, provided the tenant did not cause the damage and notified the landlord, or made a reasonable attempt to do so.

Landlords must also take reasonable steps to ensure other tenants do not interfere with a tenant’s reasonable peace, comfort or privacy.

They may not terminate or interfere with gas, electricity, water, telephone or other services to a property except where necessary to prevent danger or allow maintenance or repairs.

Landlords are not required to repair damage or compensate tenants for repairs where the damage was caused by the tenant.

Does the Rental Housing Act apply to your property?

The Act applies to residential dwellings regardless of who owns the property. It does not apply to business or commercial premises.

A dwelling can include a house, hostel room, hut, shack, flat, apartment, room, outbuilding, garage or similar structure rented for residential purposes.

A storeroom, outbuilding or demarcated parking space can also form part of the rented dwelling where this has been agreed between the landlord and tenant.

Is it free to use the Rental Housing Tribunal?

Yes. There is no cost to either the tenant or landlord from the time a complaint is lodged through the mediation or hearing process.

For tenants and landlords facing a residential rental dispute, the Tribunal provides a way to seek resolution while understanding and enforcing their respective rights and responsibilities under the Rental Housing Act.

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