The days of using any ways or means to remove erring tenants are over. Tenants have rights and, if landlords abuse them, they shouldn’t expect any sympathy from the courts.
Although there are systems in place to protect the landlord, the tenant certainly has more rights than before and landlords cannot resort to changing the locks, cutting off water and electricity or forcibly removing a tenant that hasn’t paid rent without receiving authority from the courts to do so.
“The days of forcing tenants to move out using illegal tactics are over and anyone who is either renting out property or is considering renting out residential property needs to familiarise themselves with the Prevention of Illegal Evictions Act (PIE) Act”, says Adrian Goslett, CEO of RE/MAX of Southern Africa.
“Although the Act has been in place for a number of years, generally speaking the effects are being felt far more by landlords as more and more tenants become aware of their rights.”
Although there are systems in place to protect the landlord, the tenant certainly has more rights than before and landlords cannot resort to changing the locks, cutting off water and electricity or forcibly removing a tenant that hasn’t paid rent without receiving authority from the courts to do so.
For many years tenants were at the mercy of their landlords and although there are people out there that have abused the system and the rights of landlords, there are also those who have treated their tenants unfairly. Deposits were often withheld for no legal reason and there were instances where, although rentals were increased on an annual basis, very little in the way of maintaining the property was carried out by the owner.
“This indicates that while it is vital to vet any new tenant carefully to ensure that they are going to continue to pay rent and maintain the property, it is becoming increasingly important to keep the property in a satisfactory liveable condition for the parties concerned,” says Goslett.
The Rental Housing Tribunal administers the Rental Housing Act 50 of 1999, facilitating sound relations between tenants and landlords. The responsibilities of the Tribunal include advising tenants and landlords of their rights and obligations as well as resolving issues either via mediation or through a hearing.
The most common issues raised with the Tribunal include:
- Failure to refund deposits
- Unlawful notice to vacate
- Exorbitant increases in the rental
- Failure to pay rent
- Unlawful seizure of possessions
- Failure to reduce the lease to writing
Although there are many landlords who view property rentals as a business, unfortunately there are also those who don’t and continually ignore the law. Goslett says that in these circumstances, the law is most definitely on the side of the tenant. “There are procedures that every landlord has to follow and those who don’t need to understand the consequences when the proverbial wheels fall off.”
He notes that it is equally important for tenants to become familiar with their rights. “Forearmed is forewarned and it is imperative for tenants to act quickly when landlords break the law.”
The Housing Tribunal has mediating facilities and if the issue cannot be resolved over the table, then a hearing will be called. It is worth noting, says Goslett, that a ruling of the Tribunal is deemed to be an order of a magistrate’s court in terms of the Magistrate’s Court Act,1944 (Act No 32 of 1944).
He says mutual respect by both parties will go a long way in ensuring that the ‘relationship’ between the two parties remains on an even keel.
“There are many landlords and tenants who have been benefitting from this form of relationship for years and because of their approach to the entire affair, will continue to do so for years to come,” says Goslett.
Readers' Comments Have a comment about this article? Email us now.
What about assisting landlords and being fair? The system is assisting tenants and is open for abuse. I know of a tenant who did major damage to the house, did not pay rent and the utilities account, the landlord went the legal route and more than two years later the landlord is still waiting for a court date, add legal fees to his expenses! The Rental Housing Tribunal is a waste of time as well. Tenants will no doubt read these reports and rejoice, as only they seem to benefit. - M.
These people like Goslett like to create the impression that landlords are actually at the mercy of the tenants… And we should be greatful when they pay us to use our property… The only thing I can agree with is, make sure you get PROPER advise. Don’t fall for this tribunal, 3x years waiting while the tenant incurs costs on your account and stays for free… while still making sure BOTH PARTIES KEEP Respect. Crap… Here is some good advise, In terms of the law, the Landlord enjoys a special protection assisting in the collection of arrear rental from tenants, which is called the "LANDLORD'S HYPOTHEC". Any action taken in the collection of arrear rental is based upon this protection. The hypothec allows the Landlord to sell the movable goods of the tenant (and in certain instances movables of a third party) which are on the leased premises, if the tenant fails to pay the rent. - Pierre
Agree, tenants have rights and one of the rights is to pay the rent. They should only enjoy protection from the courts if they pay the rent! As the article says, renting is a business, how about going to pnp , eating something And not paying. Customer rights?? - Omar
I agree with what you say with regards to tenants paying rent that is a must but some of these agents and especially so called “governing bodies” of complexes think they are king. In my experience, having had to wait several months before getting a copy of the lease, having to wait even longer to get a copy of “rules” for the complex (which they believe they can change at random), after complaining several times about several things that were broken or faulty they take weeks and weeks to fix anything or fix it over and over again to no avail, add on fines, for things that are not even stated in the lease, rent a three bedroom flat to three occupants and give you one remote and key and then wait for the next few months, lots of emails, phone calls to get more remotes, which had been provided for by the owner. And to top it off the whole place, entire complex is riddled with cockroaches!!!!! What is with that? We are grateful to owners for letting out their property and we pay rent accordingly and look after it as it is our own, but somehow the governing body thinks that they are the owners and don’t treat the tenants the same. Different rules apply to different tenants. I agree that the new laws are on the side of the tenant when it comes to evicting someone for not paying rent and it is wrong but when you have good tenants and really lousy people controlling your block, it is like hitting your head against a brick wall. Sad to say we will eventually move and they may get exactly one of those tenants that you guys are talking about, that trash the place, have loud parties, annoy the neighbours……yes and don’t pay rent. Maybe then they will look back on us favourably and wish they had been kinder. - E
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