LEGAL
Legally , it has been proven that property owners have had ample rights to act upon the unruliness of tenants , from delays on rentals to misconduct during their stay in the leased properties . But now the South African government is starting to create a level playing field for both the tenants and property owners by amending laws that are serving both parties right . And according to expert authority on residential property law in South Africa , Marlon Shevelew , the amended laws are now becoming more tenant centric .
The Rental Housing Act 50 of 1999 Back to where it all started in 1999 , when the scope of governance in South Africa was transformed . The Rental housing Act 50 of 1999 was amended with the intention to repeal the Rent Control Act of 1976 and to provide for matters connected therewith .
According to the South African government ’ s legislation this Act was formed and amended to
• Define the responsibility of government in respect of rental property ,
• Create mechanisms to promote the provision of rental property ,
• Promote access to adequate housing
• Ensure the proper functioning of the rental housing market
• Make provision for the establishment of Rental Housing Tribunals ,
• Define the functions , powers , and duties of such Tribunals ,
• Lay down general principles governing conflict resolution in the rental housing sector , and
• Provide for the facilitation of sound relations between tenants and landlords and for this purpose to lay down general requirements relating to leases .
From Act 50 of 1999 , there had been a number of amendments to this act with the latest being in 2007 – the Rental Housing Act 43 of 2007 . The aim of this amendment was to substitute definitions provided for in the previous act ( 1999 ) so as to make further provision for rulings by Rental Housing Tribunals as well as to expand the provisions pertaining to leases and to extend the period allowed for the filling of vacancies in Rental Housing Tribunals .
This year ( 2021 ) the department of human settlement had launched a nationwide public participation for engagements about regulations contained in the 2014 amendment bill which will be in effect in October of this same year .
“ The 2014 Act has made some huge suggested changes which seek to replace all provincial unfair regulations and the national set of regulations which were drafted in 2008 ,” Shevelew says .
SA Real Estate Investor Magazine JULY 2021 15