According to the Rental Housing Act, both landlords and tenants have obligations and rights. The Rental Housing Tribunal has thus been established to provide a free dispute settlement service for tenants and landlords.

The tribunal seeks 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 and make recommendations to relevant stakeholders.

Who can get help?

There is a misconception that the tribunal is there only to help tenants. However, that is not the case. The Rental Housing Tribunal is there to help both landlords and tenants alike, to solve disputes with regard to any unfair practice.

Both tenants and landlords can receive free help from the tribunal. This service also extends to include institutions and property management agencies.

If there is a rental dispute in relation to housing both the lessee and lessor or the managing agent can apply for help from the tribunal.

Landlord's rights

A landlord’s rights include the right to prompt and regular payment of rental or any other charges payable in terms of the lease, recovery of unpaid rent after obtaining a ruling by the court/tribunal and termination of the lease on grounds of unfair practice, specified in the lease. The landlord also has the right to receive the rented premises back in good state.

Furthermore, with a valid court order the landlord can go about the process of repossession. He or she may also claim compensation for damages to the property or any other improvements on land where the property is situated, if such damages are caused by the tenant or members of the tenant’s family.

Tenant's Rights

On the other hand a tenant’s home may not be searched and their possessions may not be seized, except where the landlord has received a valid court order. Also their personal and private communications may also not be infringed upon.

These rights also extend to include the tenants family members and any visitors.

Dispute settlement

The first step would be to call the Rental Housing Tribunal, who could just give you advice on your situation.

If one wants to take the case further, then you have to lodge a complaint through the tribunal. Once the complaint is lodged a reference number is allocated.

The Rental Housing Tribunal will then conduct a preliminary investigation to determine whether the complaint relates to a dispute that may constitute an unfair practice. An inspector may inspect the property concerned and compile a report if necessary.

What next?

The tribunal has 30-days to determine if the case is one of unfair practice. If the case does not constitute unfair practice, the Housing Tribunal will notify the person complaining of this outcome in writing.

If the complaint is found to constitute such a dispute, the tribunal will try to resolve the matter with informal/formal mediation. However, the problems really start when the parties are not able to reach an agreement in the informal proceedings. Then the tribunal will refer the case for a ruling at a formal hearing.

That may be as good as going to court, just like with any other law suit, and having a judge make a ruling. What people often misunderstand about the tribunal however, is that if the matter does reach a formal hearing, the ruling is regarded as an order of a Magistrate's Court and is therefore 'final'.

This also means that if any of the parties don’t stick to the tribunal’s ruling they will be guilty of an offence and liable, on conviction, to a fine or imprisonment not exceeding two years.

Benefits of the tribunal

For those that have serious problems and truly want to resolve them, the tribunal may save months of going to court and lots of money spent on lawyers. But this does not mean that one can take the Rental Housing Tribunal lightly as their ruling is a final ruling and it must be obeyed.

This information is provided by The Property Investor Network.