deducted from the deposit before it is returned at the end of the lease .
Tenants must obtain the landlord ’ s consent before sub-letting any part of the property , but landlords are expected to grant permission , provided the request is reasonable .
Fit for human habitation The Rental Housing Amendment Act 35 of 2014 was developed to remedy some of the shortcomings of the original Rental Housing Act 50 of 1999 . The Amendment Act aims to improve the regulation of the landlord / tenant relationship and provide tenants with greater protection . It also attempts to strengthen the powers of the Rental Housing Tribunals and create a better appeals process ; and most importantly it introduces standards for rental housing , as historically some landlords have exploited desperate tenants by offering woefully sub-standard dwellings for let .
The Amendment Act sets out quite clearly what the landlord ’ s duties are in terms of the condition of the property and the safety and security of the occupants . The term “ habitability ” is defined as referring to adequate space ; protection from the elements and other threats to health ; physical safety of the tenant , the tenant ’ s household and visitors ; and a structurally sound building . Because property owners also have a right to the security and fair treatment of their dwellings , the amended Act offers landlords some protection against malicious damage caused by tenants , with the inclusion of reasonable rules and regulations in lease agreements .
We welcome this as an important step towards improving the quality of housing for some of the most vulnerable in our society and protecting landlords from disrespectful tenants .
Timing A number of clients have asked about the implications of the Amendment Act for tenancy arrangements already in force . Legislation is not usually applied retrospectively . In the case of the Rental Housing Amendment Act 2014 , when it is eventually gazetted , the terms of the Act will apply immediately for new lease agreements , and there will be a six-month transitional period to allow existing arrangements to be brought into line with the legislation .
Help is at hand So don ’ t panic . But if you own multiple properties and have a large number of tenants , it might be advisable to begin the process of drafting leases in preparation for the new law to come into effect . Six months can pass very quickly , and not providing tenants with a written lease is a criminal offence , punishable by a fine or even up to two years in prison .
RESOURCES sdlaw . co . za
www . reimag . co . za JULY 2016 SA Real Estate Investor 25