Disputes often arise between landlords and tenants, and some landlords believe the law is always on the tenants’ side. Fortunately, the Rental Housing Act (RHA) (Act no 50 of 1999) is designed to ensure that both parties are treated fairly.
The RHA defines the rights and obligations of tenants and landlords coherently. It also provides the tools to deal with relationships between landlords and tenants, and a standard appeal process is available, if needed, through the Rental Housing Tribunals (RHTs).
Each province has these tribunal services available at no cost to the disputing parties, and therefore there is no need to involve attorneys. Some provinces offer online facilities for lodging complaints, so check whether this service is available in your area.
Duties
The provincial Rental Housing Tribunals are independent statutory bodies established in terms of section 7 of the RHA to resolve disputes between tenants and landlords in residential dwellings. These include privately owned houses, hostel rooms, huts, shacks, flats, townhouses, rooms, outbuildings, garages or similar structures landlords may lease to tenants to live in. For example, a storeroom, an outbuilding or demarcated parking spaces might form part of the leased dwelling if agreed upon between a landlord and a tenant.
The responsibility of the tribunals includes educating, providing information and advising tenants and landlords on their rights and obligations.
- Tribunals can summon landlords or tenants to hearings or mediation sessions.
- They can order tenants or landlords to comply with any part of the RHA.
- They can impose fines and/or judgments.
- They are also able to determine whether rentals are fair or not.
- Tribunal rulings have the same legal force as a judgment issued in a Magistrate’s court.
Filing a complaint
Each province has its own specific methods, but in general, these are the steps for you to follow at the Rental Housing Tribunal in your specific province if you are a landlord filing a complaint against your tenants - or a tenant with a complaint against your landlord:
- Submit two forms - the main complaint form as well as an annexure form. Both forms are available on the provincial RHT sites. Remember to mark the relevant complaints on the tick list and sign the forms.
You will also need the following:
- Your identity document, passport or work permit.
- Your address and copies of the written lease - if there is one. Note that once the Rental Housing Amendment Act (No 35 of 2014) has been implemented, written leases will be compulsory and verbal leases will no longer be permitted.
- The full names of your tenants - or landlord – as well as contact details and address.
- If an agent manages the property, the company details and contact numbers must be filled in.
- It is also a good idea to include other documents supporting your complaint.
Attach certified copies of your documents to the complaint form and keep your originals. Also, retain a copy of the complete complaint form, including the attached documents you submit. Write down the date you submitted the form and the name of the staff person you submitted the form to if you are not submitting the complaint online. Ask for written confirmation that you have submitted the complaint, or at least get the Rental Housing Tribunal’s date stamp on your copy of the submitted complaint form.
Process
Once the RHT has received the complaint, tribunal staff will issue letters to both parties confirming receipt. You will be given a case reference number which you can use to track the progress of your complaint.
The RHT will then conduct preliminary investigations to determine if the matter constitutes unfair practice. You or your tenants may be asked to provide more information to help them understand the complaint. Tribunal staff may also arrange for an inspector to visit the rental premises.
If the tribunal staff decide your complaint does not involve an unfair practice, they must send you a letter to that effect. If possible, the tribunal should also let you know what other steps you can take to resolve your issue. Tribunal staff will then close your file.
If the tribunal staff think an unfair practice may be involved, they will try to solve the dispute. The case officer may call you and your tenants to discuss the issue before deciding whether the dispute can be resolved through mediation or a hearing.
- In mediation, the parties try to come to an agreement after discussing the problem with the help of a neutral mediator from the RHT.
- In a hearing, both parties state the facts of their dispute to members of the tribunal board, who will make a ruling.
If there is no agreement between parties after mediation, the matter will be referred to a tribunal hearing for arbitration. A ruling will be issued at the hearing, which is binding on both parties.
When you attend a mediation meeting or a hearing, ensure that you take along copies of all the documents you may need. This includes copies of lease agreements, receipts and proof of correspondence, including WhatsApp messages or SMSs.
If you or your tenants are dissatisfied with the tribunal’s proceedings, either party can take the matter for review before the High Court.
Follow up
If you don’t hear from the Rental Housing Tribunal within two weeks of filing your complaint, call the office to follow up. Then, keep following up regularly until your complaint has been resolved.
Contact details for rental housing tribunals in all nine provinces are available here.
Writer : Sarah-Jane Meyer