The Rental Housing Tribunal is there to help
The housing crisis in South Africa has led to a shortage of affordable housing options, resulting in many individuals living in overcrowded or unsafe conditions. This has also created challenges for landlords who struggle to find suitable tenants. To address some of these issues, the Rental Housing Act was passed in 1999. However, many people are still not aware of their tenant rights, concerned instead about their responsibilities.
Tenants have a lot of obligations, dictated by the lease agreement. First and foremost, they have a duty to pay rent at a set time every month. They also have a responsibility to keep the property in good order and report any breakages or other problems to the landlord. They must abide by the terms of the lease agreement; only use the property for its intended purpose (e.g., not use a residential property for commercial purposes); and not breach any other conditions of occupancy (e.g., keeping pets if not permitted). It’s easy to think the landlord has all the rights and the tenant has all the responsibilities. But tenants also have rights, and the law is very clear on the recourse available to tenants should the landlord violate those rights.
Quick answer: what is the Rental Housing Tribunal?
The Rental Housing Tribunal is a free provincial dispute-resolution forum for residential rental disputes between landlords and tenants. It can deal with unfair practices such as failure to maintain the property, unfair deductions from a deposit, unlawful lockouts, interruption of services, unfair notices, harassment, and disputes about rights and obligations under the Rental Housing Act. It is useful where a tenant or landlord needs a formal complaint route, but it is not a substitute for urgent court relief where access to the home has already been taken away.
Tenants’ rights
The tenant has the right to a property that is habitable and in good condition. Unacceptable living conditions, such as overcrowding or hygiene issues, are a breach of tenant rights. A habitable property means the landlord maintains the property and makes repairs when necessary. The landlord may not disconnect essential services, even if the rent has not been paid. The tenant also has a right to receipts or statements with regard to payments made, i.e., for rent and utilities, etc. The tenant has the right to not be discriminated against, on the grounds of race, sex, sexual preference, religion, etc. The tenant has the right not to be unlawfully evicted, i.e., without the correct legal process having been followed. The landlord may not change the locks or seize the tenant’s possessions, or put belongings out on the street.
The landlord also may not increase the rent by an unfair amount or outside the time period indicated in the lease. For example, most leases allow for a set percentage increase on the renewal of the lease, usually at the annual anniversary. The landlord may not arbitrarily increase the rent without adhering to those conditions. And lastly, at the end of the tenancy, the tenant has a right to the return of the deposit, after deductions for any damages.
What to do if the landlord violates these rights
In the first instance, we always advise landlords and tenants to talk to each other. Most issues can be resolved by good communication, and many disputes are the result of misunderstanding or poor communication. So if you find your rights have been or are being violated, try to initiate a conversation with your landlord to resolve the matter. If they are not open to dialogue, or if a frank discussion doesn’t clear things up, further channels are available.
Role of Rental Housing Tribunal
The function of the Rental Housing Tribunal is dispute settlement between tenants and landlords. The service is free to both parties and is supported by the Department of Human Settlements. The Tribunal’s role is to:
- Harmonise relationships between landlords and tenants in the rental housing sector
- Resolve disputes that arise due to unfair practices
- Inform landlords and tenants about their rights and obligations in terms of the Rental Housing Act
- Make recommendations to relevant stakeholders
Can the Rental Housing Tribunal make an eviction order?
The Rental Housing Tribunal can help resolve unfair-practice disputes between landlords and tenants in residential rental housing. It can investigate complaints, refer matters to mediation, hold hearings, and make rulings. A Tribunal ruling may be enforceable as an order of the magistrates’ court, but that does not make the Tribunal an eviction court. If a landlord wants to remove a tenant from their home, they must obtain an eviction order from a competent court. The Tribunal can deal with many rental disputes, but it should not be confused with the court process required for eviction.
How to lodge a complaint with the Rental Housing Tribunal
Anyone can lodge a complaint with the Rental Housing Tribunal and there is no need for legal representation. Complaint forms can be found on the Human Settlements website. Documents should be lodged with the Tribunal, including a copy of the lease and ID document, and any supporting documentation (rental statements, letters of request for repairs, etc.). The Tribunal will review the complaint to determine if there is a legitimate dispute. While waiting for the Tribunal’s ruling, the landlord may not commence eviction proceedings, the tenant must continue to pay rent, and the landlord must continue to maintain the property.
If the Tribunal determines the complaint is genuine, it will attempt to resolve the dispute through mediation. If mediation is unsuccessful, the next step is arbitration (i.e., a hearing designed to resolve disputes), which both landlord and tenant must attend. The Tribunal’s ruling at the hearing is binding on both parties. Failure by either party to abide by the Tribunal’s ruling may result in criminal proceedings. A ruling by the Rental Housing Tribunal is considered an order of the Magistrate’s Court. As such, it can be appealed in the High Court.
Before lodging a complaint, prepare the file: keep the lease, proof of rent and deposit payments, inspection records, photographs, notices, WhatsApp or email messages, invoices, receipts, and a short timeline of what happened. Deposit disputes should also be read with our guide to rental deposit return. If the complaint involves a lockout, removed belongings, threats, or services being cut to force a tenant out, also read our guide to illegal eviction practices, because urgent court relief may be needed in addition to a Tribunal complaint.
Rental Housing Tribunal ruling vs eviction order
| Issue | Rental Housing Tribunal | Eviction court |
|---|---|---|
| Main purpose | Resolves unfair-practice disputes in residential rentals | Decides whether a person may be lawfully evicted |
| Who can use it | Tenants, landlords, groups, or interest groups with an unfair-practice complaint | A landlord, owner, person in charge, or other applicant with grounds for eviction |
| Common examples | Repairs, deposits, unfair notices, lockouts, service issues, unlawful seizure of possessions | Removal from occupation after the court considers the relevant circumstances |
| Legal effect | A Tribunal ruling may be enforced as a magistrates’ court order | The eviction order itself authorises lawful removal through the proper process |
| Key limit | The Tribunal does not replace the eviction court | The court process is required before a person can be evicted from their home |
Court vs. Tribunal
There are a few instances in which a court of law can be used to solve a complaint rather than the Tribunal. If the tenant is in rental arrears, the landlord may go to court to claim the amount owed, but only if unfair practice is not involved. If the landlord has grounds for eviction, they must go to court for an eviction order. The Tribunal’s powers do not extend to granting an order to evict a tenant. For all issues involving a breach of tenant rights, the Rental Housing Tribunal is the appropriate vehicle for resolution.
Why the distinction matters
The Rental Housing Act 50 of 1999 creates the Rental Housing Tribunal framework and allows complaints about unfair practices in residential rental housing. Section 26 of the Constitution says no one may be evicted from their home without an order of court made after considering all the relevant circumstances. The PIE Act also regulates eviction procedures where it applies. This means a Tribunal complaint may be the right route for an unfair rental practice, but a landlord still needs the correct court order before eviction can take place.
Rental Housing Tribunal and eviction orders: frequently asked questions
Can the Rental Housing Tribunal evict a tenant?
No. The Tribunal can deal with unfair-practice complaints in residential rental housing, but it is not the court that grants an eviction order. Eviction from a home requires an order of court.
Is a Rental Housing Tribunal ruling a court order?
A Tribunal ruling may be deemed an order of the magistrates’ court for enforcement purposes. That does not make every Tribunal ruling an eviction order, and it does not replace the court process required for eviction.
When should a tenant complain to the Rental Housing Tribunal?
A tenant may complain where the dispute concerns an unfair practice in a residential rental, such as an unlawful lockout, failure to maintain the property, unfair notice, deposit dispute, unlawful seizure of possessions, or interruption of services.
Where do eviction orders come from?
Eviction orders come from a competent court. The court must consider the relevant circumstances before granting an order, and PIE Act procedures may apply where the occupation falls within that Act.
For further information
Simon Dippenaar & Associates, Inc. is a law firm of specialist eviction lawyers in Cape Town, Johannesburg and Durban, helping both landlords and tenants with rental housing matters. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you need advice on any aspect of rental housing or landlord–tenant relations.
