The RHT is an independent body appointed by the MEC in terms of the Rental Housing Act to resolve disputes between landlords and tenants in residential dwellings.

It is an alternative to costly court action. The Tribunal has the powers to summon a landlord or tenant to a mediation or Tribunal hearing. It can order a landlord or tenant to comply with any part of the Rental Housing Act and its procedural regulations.

The ruling of the Tribunal has the same power as the judgment of a Magistrate’s Court.

The Tribunal is established in terms of the Rental Housing Act No. 50 of 1999 and its procedural regulations.

Any tenant or landlord or group of tenants or landlords or interest groups may lodge complaints of unfair practice.

The aggrieved party is required to bring the following documentation with when registering a complaint.

1. Identity Document (if SA citizen), Permit or Passport (if non South African)

2. Lease agreement

3. Proof of payment (receipt of bank deposit slips)

4. Physical address of both the landlord and the tenant (no postal addresses)

5. Contact telephone numbers of both the landlord and the tenant

There is no cost involved for either the landlord / tenant from the time a complaint is filed to the end of a mediation or Tribunal hearing.

Their services are FREE of charge.

No, the Tribunal applies to all dwellings used for rental housing purposes, irrespective of who the owner / landlord is / are.

No, the Tribunal is for both the tenants and landlords.

Any tenant or landlord or group of tenants or landlords or interest group may lodge complaints with the Tribunal.

The Tribunal has the authority to deal with disputes, complainants or problems that include:

1. Non-payment of rentals.

2. Failure to refund a deposit.

3. Invasion of tenant’s privacy (including family members and visitors).

4. Overcrowding.

5. Determination of fair rentals.

6. Unlawful seizure of tenant’s goods.

7. Discrimination by landlord against a prospective tenant.

8. Receipt for payment not issued.

9. Tenant behaving in an undesirable manner.

10. Lack of maintenance and repairs.

11. Illegal eviction.

12. Illegal lockout or illegal disconnection of service.

13. Unacceptable living conditions.

Yes, verbal agreements are legal and binding.

The minute a person takes occupation of a dwelling or there is an exchange of keys by the landlord that becomes an agreement between the parties.

No, the landlord cannot make profit out of utility services.

By law the landlord must charge the tenant the exact amount for services consumed in the dwelling as reflected in the municipality account.

If the terms and the conditions of the lease agreement are such that they are in contradiction with the Act then a person can seek assistance from the Tribunal.

No, the landlord dos not have a right to lockout a tenant, cut off his / her electricity or enter the dwelling as he / she pleases.

A landlord may enter the dwelling on reasonable notice to a tenant.

Yes, a tenant is required to pay rent on his / her last month of occupation of the dwelling.

No, a tenant cannot use his / her deposit as payment for rent.

A deposit can only be used for the repairs if any to the dwelling and the rest should be refunded to the tenant.

Yes, a tenant can ask for such proof from a landlord.

Yes, a landlord can sell his / her property, however, a tenant needs to be informed on the sale of the property if the new owner will not absorb the existing occupants. If it is a month to month lease then a cone calendar month notice to vacate the property should be issued to the tenant.

Yes, a landlord can on circumstances known to him / her give a tenant a valid notice to move out of the dwelling without informing the tenant of those reasons.

Yes, the Tribunal can after listening to both parties issue an attachment order.

No, a tenant cannot withhold rent.

A tenant should follow proper procedures by approaching the Tribunal office nearest to him / her and lodge a complaint.

No, a tenant should always pay his / her rent despite the fact that a case has been lodged with the Tribunal.

It is the responsibility of the landlord to pay his / her levies of the dwelling.

A tenant cannot move out of a fixed lease agreement because he / she will be in a breach of his / her agreement.
In certain circumstances a landlord may release a tenant on the following conditions:

1. When a tenant finds someone who will take over the lease term

2. When a landlord makes provision for a releasing fee or,

3. When the landlord withholds a tenants deposit.

A tenant is always liable to pay rental for the duration of the lease.

Always read your lease agreement and see what provisions are there for non-payment of rent. If a tenant is unable to afford his / her rent, he / she should speak to his / her landlord and make arrangements on how to pay the outstanding amounts.

A deposit is only paid back to the tenant after the tenant has moved out of the dwelling.

Yes, a person is entitled to open a case with the Tribunal if there is an unfair practice even if you have already signed your lease agreement.

No, the Tribunal does not have any powers to issue eviction orders.

When a person requires this kind of service, he / she should approach the courts or utilize more affordable solutions from propertyrecovery.co.za

A court will grant an eviction order only if tenants no longer have any rights to be occupying the premises, because:

1. The lease has expired, or

2. The lease has been cancelled by either the tenant or the property owner due to a breach of the conditions of the lease by the other party.

The procedure to obtaining a court ‘order for ejectment’ (eviction order) is trough the magistrate’s court. However, if the right of occupation is in dispute or if the property is valued at more than R100 000,00, the proceedings will have to be brought in the High Court.

Property owners start the procedure by issuing a summons, stipulating that they are seeking eviction orders and calling on the tenants to give notice of their intention to defend the action if they wish. If tenants decide not to give the action, judgement will be given against them in their absence (a default judgement). If tenants decide to defend the action, property owners may nevertheless attempt to secure a summary judgement against them. This means that, unless the tenants can satisfy the court that they have a bona-fide defense, judgement will be given against them.

All the tenants have to do at this stage is to convince the court that they do have a defense. The entire defense does not have to be put before the court. If the court accepts that the tenants have a defense, the case will proceed as usual, with the tenants having to file a plea and thereafter the matter will be set down for trial. Once the orders is made ‘warrants of eviction’ are issued to the sheriff, in the case of a magistrate’s court action, authorizing the removal of the tenants and their possessions from the leased premises. The sheriff will move the tenant’s possessions off the premises, in most cases onto the pavement. Evicted tenants have to pay their property owners’ costs in obtaining the eviction order.