South African tenants and landlords can take rental disputes to the Rental Housing Tribunal without paying a fee. Moreover, the process remains free from the lodging of a complaint through mediation or a hearing.

The Department of Human Settlements (DHS) says the Tribunal provides an accessible mechanism for resolving rental disputes. It also helps both tenants and landlords understand their rights and obligations under the Rental Housing Act.

Tenants and landlords do not have to pay to lodge a complaint with the Rental Housing Tribunal.

“There is no cost to either the tenant or landlord from the time a complaint is lodged through the mediation or hearing process,” DHS said.

Therefore, “the Rental Housing Tribunal therefore provides an accessible mechanism for tenants and landlords to resolve rental disputes and understand their rights and obligations under the Rental Housing Act”.

But the department has also outlined the responsibilities of both parties. 

From paying rent and maintaining a property to dealing with repairs, utilities and the condition in which a property is left.

What are tenants’ responsibilities?

Tenants are expected to comply with their obligations under the lease agreement and take proper care of the rented property.

Among their responsibilities, tenants must leave items provided by the landlord at the premises. Furthermore, they must leave the premises in the condition in which they were found. Thus allowing for fair wear and tear. 

Tenants should also take responsibility for damage they cause to the property or items provided by the landlord.

A distinction between ordinary wear and tear and tenant-caused damage is important. It helps when determining who is responsible for repairs and associated costs.

What are landlords’ rights?

Landlords have the right to receive regular payment of rent and other charges in terms of the lease.

Where rent or other amounts remain unpaid, landlords may recover the money. This is done after obtaining a Rental Housing Tribunal ruling or court order.

A landlord may also terminate a lease on grounds that do not constitute an unfair practice. These must be specified in the lease agreement.

Once a lease has been terminated and the necessary order obtained, the landlord may repossess the property. The landlord may also claim compensation for damage caused to the premises.

What are landlords’ responsibilities?

Landlords have a range of responsibilities towards tenants and the properties they rent out.

They must provide rented premises in a reasonable state of cleanliness and maintain them in a reasonable state of repair. 

And, they ought to take into account the age and character of the property and its expected period of habitability.

Landlords must also comply with applicable building, health and safety requirements.

Where a property does not have a reticulated water supply, the landlord must provide adequate means for collecting and storing water.

Who pays for urgent repairs?

In certain circumstances, a landlord must compensate a tenant for reasonable expenses incurred in carrying out urgent and serious repairs.

This applies where the damage was not caused by the tenant. Also, it applies if the tenant notified the landlord or made a reasonable attempt to notify the landlord.

However, landlords are not obliged to repair damage or compensate tenants for repairs where the damage was caused by the tenant.

Tenants’ peace and privacy must be protected

Landlords must take reasonable steps to ensure that other tenants do not interfere with a tenant’s reasonable peace, comfort or privacy.

This means landlords have a responsibility to take reasonable measures. This is required where the conduct of other tenants interferes with another tenant’s ability to reasonably enjoy the property.

Landlords may not terminate or interfere with the supply of gas, electricity, water, telephone services or other services to a property.

There is an exception where such interference is necessary to prevent danger or enable maintenance or repairs.

DHS said landlords are also not required to repair damage or compensate tenants for repairs where the tenant caused the damage.

Furthermore, the department urged both tenants and landlords to understand their rights and responsibilities. They should also know where to seek help when rental disputes arise.

“Know your rights. Know your responsibilities. Know where to get help when a rental dispute arises,” it said.