Real Estate Investor Magazine South Africa March 2015 | Page 41

Act is certainly not translated into all our country’s
languages.
The vague reference to factual expenditure that
becomes the tenant’s liability if these are not agreed
upon in the lease agreement appears a decent insertion
but how the tribunals and courts will interpret this
is yet to be seen. Currently, and before the Bill is to
become law, just the issue of damages being deducted
from the deposit pursuant to the outgoing inspection is
riddled with litigation as to what is fair wear and tear,
what amounts are construed as damages etc.

“The issue of a written
lease is in itself curious.”
One very positive move, especially for attorneys
representing landlords is the introduction of an internal
appeal process. The current RHA does not allow an
appeal as to the merits of the matter but only a review
of the procedural aspects of the tribunal and by way
of a costly High Court application. If the tribunal can
have their decisions appealed without having to take
the High Court approach this will certainly serve as a
checks and balance system for those who are aggrieved
by the decision of the tribunals.
In closing, what is more interesting in my view
is when the national set of uniform unfair practice
regulations is to be promulgated. This has been in
the pipeline for years with the resultant effect that
tribunals operate on different regulations in the various
provinces when making decisions which, as per section
13 (13) of the Rental Housing Act, results in court
orders with different outcomes

RESOURCES
Marlon Shevelew and Associates Inc.
www.reimag.co.za

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