Real Estate Investor Magazine South Africa August/September 2019 | Page 25

RENTALS
J
ust Property owner, Pieter Janse van Rensburg ex-
plains that the Rental Housing Tribunal is a Statutory
body established in terms of Section 7 of the Rental
Housing Act 50 of 1999. “It is an independent body and
its members are appointed by the MEC of each province,
in terms of the Rental Housing Act 50/1999, to resolve dis-
putes between landlords and tenants regarding residen-
tial properties,” he said.
Offering an alternative to a costly court case, these
Tribunals have the power to summon a landlord, tenant
or any other relevant part for the Tribunal hearing. A ruling
which orders a tenant or landlord to comply with any part
of the Rental Housing Act and unfair practise regulations
can be issued. A statement from Legalwise explains what
happens if a ruling is not complied with by either party.
“If a landlord or tenant fails to comply with a ruling of the
Tribunal, s/he may be convicted of an offence and sentenced
to pay a fine, be imprisoned, or both. A ruling of the Tribunal
is deemed to be an order of the Magistrate’s Court and may
be taken on review to the High Court.”
According to the Department of Human Settlements,
a Rental Housing Tribunal has the authority to, “deal with
disputes, complaints or problems between tenants and
landlords in the rental housing dwellings.”
The Rental Housing Tribunal is available to hand the
following disputes:
RENTAL TRIBUNAL DISPUTES
Non-payment of rentals
Failure to refund the deposit
Invasion of tenant’s privacy (including family
members and visitors)
The unlawful seizure of tenant’s goods
Discrimination by the landlord against
prospective tenants
The changing of locks
Lack of maintenance and repairs
Illegal evictions
Illegal lockout or illegal disconnection of services
Damage to property
Demolition and conversion of the property
Forced entry into the property by either parties
involved
House rules applied by those involved in the
dispute
Intimidation by either parties involved
Issuing of receipts
Municipal services
Nuisance
Overcrowding and health matters
In terms of section 13(13) of the Rental Housing Act 50 of
1999 (the "Act"), a ruling of the Tribunal is deemed to be an
order of a Magistrate's Court in terms of the Magistrate's Court
Act, 1994. The Rental Housing Tribunal is a free service as the
government bears the costs because it is a statutory duty
provision.
Van Rensburg explains the process once a complaint or
dispute application is applied to the Rental Housing Tribunal.
“Once a complaint is lodged, any preliminary investigation
necessary will be conducted to determine whether unfair
practice has taken place. The complaint may take up to 21
days to register and process, after which all relevant parties
will receive a letter via post with a reference number,” he said.
The Tribunal decides if the case is a relevant dispute and
researches if the issue can be resolved through mediation
before moving to a formal hearing. “While voluntary, this is
often the best course of action as the relationship between
the landlord and tenant must usually continue afterwards.
Mediation is conducted by qualified officials with many
years of relevant experience, who have undergone training
both internally and externally,” says Van Rensburg.
If the dispute cannot be resolved through mediation or
there is no prospect of a successful mediation, the matter will
be resolved through a formal hearing. Legal representation
is not necessary at the Tribunal process but is permitted by
“If a landlord or tenant fails
to comply with a ruling of
the Tribunal, she or he may
be convicted of an offence
and sentenced to pay a fine,
be imprisoned, or both. ”
parties involved. A party can also be represented by any duly
authorised person other than a legal practitioner.
“The hearings are usually attended by three to five Tribunal
members, the complainant or his/her representative(s) and
the respondent or his/her representative(s). We encourage
our landlords and tenants to have their agent present as
they will be party to the history of the rental arrangements
and the dispute. If necessary, either party can also ask other
witnesses and experts to attend,” explains Van Rensburg
Once the oath has been administered, the parties will
be given an opportunity to present their cases and provide
evidence. The Tribunal members will consider everything
and issue a ruling.
If one does not agree with the findings of the Tribunal
parties involved can ask for a review before the High Court.
“It must be noted that the Tribunals cannot order the
eviction of a tenant. In such cases, the landlord will have to
go to court. If the court finds unfair practices have occurred,
it might refer the case back to the relevant Tribunal,” says Van
Rensburg
VISIT www.dhs.gov.za
SOURCES Just Property
SA Real Estate Investor Magazine AUGUST/SEPTEMBER 2019
23