The preamble of the Rental Housing Act 50 of 1999 (hereinafter referred to as “the Act”) specifically states that the Act was enacted to facilitate a sound relationship between a tenant and a landlord.
The Act therefore sets out the various rights which a tenant has together with the recourse that an aggrieved tenant may have against a landlord.
The tenant has a rights to privacy, which includes the right not to be searched or have his or her property searched. The tenant furthermore has a right not have his or her property seized by the landlord unless allowed by the law of general application and having obtained a ruling from the Rental Housing Tribunal (hereinafter referred to as “the Tribunal”).
The tenant furthermore has the right that a deposit amount paid to a landlord must be invested in an interest bearing account. The tenant is entitled to any interest which has accrued on the deposit amount. The interest on the deposit amount must be paid to the tenant when vacating the property, should no deductions for damages be made at the end of the lease period.
It is interesting to note that should the landlord allocate a tenant’s deposit amount to damages caused by the tenant during the lease period, the tenant may request from the landlord to provide receipts for all costs which the landlord incurred in repairing such damage.
The tenant has a right to be present at both the initial and exit inspection of a property together with the landlord. If the landlord has not conducted any initial or exit inspection of the property in the presence of a tenant the landlord will have no claim against the tenant for any damages.
A landlord may not evict a tenant from the property which is leased from the landlord without an eviction order, which order must be obtained by a court. The tribunal does not have the necessary jurisdiction to make an eviction order.
If a tenant is aggrieved by the conduct of a landlord and believes their rights in terms of the Act has been infringed the tenant may lodge a complaint with the tribunal. If the tribunal is of an opinion that a dispute exists between the parties and can easily be resolved by mediation the tribunal will appoint a mediator with the view of resolving the disputes.
If the dispute is of such a nature matter will not easily be resolved by mediation the tribunal will refer the matter for hearing. If the tribunal is of the view that an unfair practice exists at the conclusion of a hearing, the tribunal may make a ruling that a person must comply with the provision of the Act, refer the matter to the relevant competent body or local authority or make an order which is just and fair to terminate any unfair practice.
The Act provides tenants with protection against unfair practices by landlords and allow the parties to have a sound relationship as envisaged by the preamble of the Act.
