Real Estate Investor Magazine South Africa August 2015 | Page 84

Just Legal

The Rental Housing

Tribunal

Process

Understanding the procedures for effective dispute management

T

he Rental Housing Tribunal was established
in 2001 to assist in the resolution of disputes
between landlords and their tenants. The Tribunal
is made up of members appointed by the Provincial
Minister of housing, who have extensive experience in
property law.
The Rental Housing Tribunal as set up to assist in the
following functions. First and foremost to inform both the
Landlord and the Tenant of their rights and obligations
with regards to the Rental Housing Act. They assist in
maintaining a stable relationship throughout the housing
sector by employing mechanisms to swiftly resolve any
issue. Should a formal complaint be opened, they are
responsible for the investigation and recommendations
of action.
Either a Landlord or a Tenant may file a complaint,
provided they have a valid issue as well as any
shareholders with vested interest in the property. The
act of filing a complaint is free to both Landlords and
Tenants.
Once a Formal Complaint has been raised with
the Rental Housing Tribunal, a formal Case File will be

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Issue 8 2015

opened and a reference number allocated to the case.
A preliminary investigation will initially be conducted
to determine the validity of the complaint and, if the
complaint is deemed fair, then a time will be set for
either mediation or a hearing.
Mediation differs from a hearing in that it is an
informal meeting between the parties involved, where
the disputes are discussed in an attempt to amicably
solve them. Trained mediators host the mediation with
no vested interest in either party. If an agreement is
reached, the two parties will decide the terms, not the
mediators.
At a Hearing the two parties state their case with
supporting evidence in an attempt of a favourable ruling.
The preceding of a tribunal can only be brought under
review by the High Court. Once a ruling has been made
it is regarded as an order from the Magistrates Court
and failure to comply will result in a guilty sentence
whereby the offending party may be ordered to pay a
fine or, in sever cases, face imprisonment for a time not
longer than two years.

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