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