Real Estate Investor Magazine South Africa March/April 2020 | Page 31

When Rental Housing Tribunals don’t work
In the event of a dispute with a landlord, some tenants will
approach one of the Rental Housing Tribunals that are set up
and governed by the Rental Housing Act and the subsequent
Amendment Act. However, this can be a lengthy process with
many tenants becoming frustrated and giving up before any
resolution is found.
While the Housing Tribunals are an excellent way to resolve
disputes, Franze believes that before entering this bureaucratic
process, tenants and landlords should try to resolve disputes
with the data at their disposal. “The best solution all round is
to resolve disagreements quickly and fairly. More particularly,
early resolution will result in less time wasted and will maintain
the good relationship between parties.” he adds.
“We must also point out that tenants do not have the right
to withhold rent if they are in a dispute with their landlord
over utility bills. Not only does the law favour the landlord in
these instances, most rental agreements will have a clause in
them stating that disputes may not be used as an excuse for
withholding payment,” Franze warns.
FAQs about tenant-landlord disputes
1
Question: What recourse is available to landlords
and tenants in the event of a utility bill dispute?
Answer: Property owners and their tenants can
resolve disputes by approaching one of the Rental
Housing Tribunals that are set up and governed by the
Rental Housing Act and subsequent Amendment Act.
However, this can be a lengthy process. A better starting
point would be for the parties to try and resolve disputes
between themselves with the data at their disposal.
2
Question: How can landlords and tenants access
the data they need?
Answer: In the spirit of the Access to Information
Act, as well as the Consumer Protection Act, providing
tenants and property owners with accurate data of the
purchase history makes sense and is a big step towards
building trust through transparency. Accessing this
historical information via an online portal can offer a
transparent set of data that can be shared with all parties
to resolve disputes.
“Similarly, tenants can’t have their utilities cut off for non- or
late payment of rent. Some municipalities will use this as a last
resort for rates non-payment, but landlords cannot use access
to water and power as leverage against their tenants.”
Accessing historical data via online portals provides a
transparent set of data
“Good news for tenants (and landlords, managing agents and
body corporates wanting to avoid disputes) is that the Citiq
Prepaid system provides access to data at a granular level. We
also believe that in the spirit of the Access to Information Act
as well as the Consumer Protection Act, providing tenants with
the accurate data of the purchase history makes sense and is a
big step towards building trust through transparency.”
3
Question: Can landlords pass on certain costs to
tenants?
Answer: Most leases will include some monthly
deductions that tenants should be aware of. These will
include expenses such as rates and taxes, water and even
costs for electricity for shared services in common spaces.
However, these should be clearly spelled out in the lease,
in simple language, and explained to the tenant when
they sign the documentation.
4
Question: Do tenants have the right to withhold
Franze goes on to caution tenants that most leases will
include some monthly deductions they should be aware of.
These will include expenses such as rates and taxes, water and
even costs for electricity for shared services in common spaces.
But, Franze says these should be clearly spelled out in the lease,
in simple language, and explained to the tenant when they
sign the documentation.
“The Citiq online system gives tenants access to the
information they need to feel secure in the billing process.
This transparency fosters trust. We understand landlords,
agents and body corporates have limited time to deal with
queries. Easy access to our call centre gives a quick and easy
first line of contact that can clarify most questions and, in itself,
significantly reduce disputes,” says Franze.
rent if they are in a dispute with their landlord over
utility bills?
Answer: No, not only does the law favour the property
owner in these instances, most rental agreements will
have a clause in them stating that disputes may not be
used as an excuse for withholding payment.
5
Question: Can landlords cut tenants’ utilities cut off
for non- or late payment of rent?
Answer: No, some municipalities will use this as a
last resort for rates non-payment, but property owners
cannot use access to water and power as leverage against
their tenants.
SA Real Estate Investor Magazine MARCH/APRIL 2020
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