Understanding the Rental Housing Tribunal in South Africa: A Comprehensive Guide

Living in a rental property in South Africa can be a rewarding experience, but it also comes with its share of challenges. Disputes between tenants and landlords can arise and when they do, it's essential to have a mechanism in place to resolve them fairly and efficiently. That's where the Rental Housing Tribunal comes in. In this blog post, we'll discuss everything you need to know about the Rental Housing Tribunal in South Africa, its purpose, functions and benefits, and how it can help resolve disputes between tenants and landlords.

What is the Rental Housing Tribunal?

The Rental Housing Tribunal is a decision-making body comprising of five members appointed by Government, who each have expertise in housing.

The Rental Housing Tribunal is a government agency established under the Rental Housing Act, 1999 and is responsible for providing dispute resolution services to tenants and landlords, including mediation, conciliation and adjudication. The Rental Housing Tribunal aims to promote harmonious relationships between tenants and landlords and to protect the rights of tenants.

The Purpose of the Rental Housing Tribunal

The primary purpose of the Rental Housing Tribunal is to provide dispute resolution services to tenants and landlords in South Africa. The Rental Housing Tribunal aims to resolve disputes fairly, efficiently and cost-effectively, and to promote harmonious relationships between tenants and landlords. The Rental Housing Tribunal also has a broader mandate to protect the rights of tenants and to promote compliance with the Rental Housing Act, 1999.

Functions of the Rental Housing Tribunal

The Rental Housing Tribunal performs several essential functions, including:

1. Dispute Resolution: The Rental Housing Tribunal provides a range of dispute resolution services, including mediation, conciliation and adjudication, to help resolve disputes between tenants and landlords.

2. Compliance Monitoring: The Rental Housing Tribunal monitors compliance with the Rental Housing Act and other applicable laws, regulations and codes of conduct.

3. Education and Training: The Rental Housing Tribunal provides education and training to tenants and landlords on their rights and responsibilities under the law, as well as on good governance practices.

4. Research and Policy Development: The Rental Housing Tribunal conducts research and develops policies to promote good governance and harmonious relationships between tenants and landlords.

What does the Rental Housing Tribunal do?

The Rental Housing Tribunal, which is also known as the RHT, can be approached to resolve issues where disputes between tenants and landlords cannot be resolved through meaningful engagement.

The RHT can:

• receive and investigate complaints of landlords or tenants;

• resolve disputes between landlords and tenants through mediation and arbitration; and

• give advice and provide education to landlords and tenants about their rights and obligations.

Types of complaints that can be lodged with the Rental Housing Tribunal?

A complaint about unfair practice may be lodged by a tenant or a landlord of a property for the following reasons:

• Unacceptable living conditions, such as overcrowding or hygienic issues.

• Insufficient maintenance or repairs of a property.

• Not paying rent to the landlord.

• Not refunding a deposit of the tenant.

• Damage to a property (for example, a door of the landlord or a table of the tenant).

• Eviction without a court order.

• Disconnection of services (such as electricity) without a court order.

• Non-compliance with the Rental Housing Act.

• Not issuing a receipt or statements to a tenant in respect of payments made.

• Discrimination by a landlord on the grounds of race, sex and so on, of a tenant.

How to Access the Rental Housing Tribunal

If you need to access the services of the Rental Housing Tribunal, there are several steps you can take:

1. Contact the Rental Housing Tribunal: You can contact the Rental Housing Tribunal directly to request dispute resolution services or to obtain information about your rights and responsibilities under the law.

2. Submit a Complaint: If you have a complaint against your landlord or tenant, you can submit a complaint to the Rental Housing Tribunal. The Rental Housing Tribunal will investigate the complaint and provide dispute resolution services as necessary.

3. Attend a Training or Education Session: The Rental Housing Tribunal offers training and education sessions for tenants and landlords. These sessions can provide valuable information on good governance practices and dispute resolution.

4. Obtain Legal Advice: If you are unsure of your rights or need legal advice, you can consult with an attorney who specializes in rental housing law.

Conclusion

The Rental Housing Tribunal plays a vital role in promoting good governance and resolving disputes in rental properties in South Africa. By providing cost-effective, fair, and impartial dispute resolution services, the Rental Housing Tribunal can help tenants and landlords to resolve disputes quickly and efficiently. The Rental Housing Tribunal also provides education and training to promote good governance practices and prevent disputes from arising in the first place. If you need to access the services of the Rental Housing Tribunal, contact them directly or submit a complaint to request dispute resolution services. If you have a landlord/tenant dispute, our highly skilled and experienced property lawyers are able to assist.

If you need assistance with a property dispute matter, contact our offices today to schedule a consultation with one of our specialist property law attorneys.