Rental Disputes in 2025: The Role of the Rental Housing Tribunal

Have you ever played Monopoly? It’s all about buying streets or blocks so that you can build houses. Then whenever one of the other players lands on your block – BAM – they owe you rent.

It’s pretty straightforward (for the most part) and more so than that, it’s a lot of fun.

The more money you make, the bigger the houses get. The bigger the houses get, the more income you get.

The trick is always to target the cheaper streets and build condos as quickly as possible. Then you just upgrade as quickly as you can. It’s a cheeky tactic. But it’s effective. The money just rolls in.

And so, the game carries on until one of you, ultimately, comes out on top. And the rest of you are, well broke.

In life however, building condos and renting them out is not as straightforward. Or as fun.

Luckily, there are Laws and regulations that govern both the rental market and possible evictions.

The Rental Housing Act

The Rental Housing Act No 50 of 1999 (“The Rental Act”) was introduced to regulate the relationship between landlords and tenants. Its primary goal is to ensure fair and equitable treatment for both parties, as well as to promote responsible renting practices.

Under this act, both landlords and tenants have specific rights and responsibilities that must be adhered to.

Enforced by the Department of Human Settlements, this legislation regulates housing conditions and provides dispute resolution mechanisms. It regulates lease agreements, addresses disputes, and protects tenants from unfair eviction or exploitation while also safeguarding landlords’ rights to income and property.

The Rental Act applies to all residential rental properties, including flats, houses, rooms, backyard dwellings, and informal settlements—excluding commercial property rentals.

Key Provisions of the Rental Act

1.         All lease agreements must be in writing. The lease should include:

a)          Names and ID numbers of the landlord and tenant.

b)         Description and address of the rental property.

c)          Monthly rental amount and payment date.

d)         Deposit amount and conditions for its return.

e)          Maintenance responsibilities.

f)            Notice periods for termination.

This protects both parties in case of disputes and ensures transparency.

2.         Deposits and Inspections - the Rental Act requires landlords to -

a)          Collect a security deposit (usually equal to one- or two-months’ rent).

b)         Hold it in an interest-bearing account.

c)          Conduct joint incoming and outgoing inspections.

d)         Return the deposit (plus interest) within 7 to 14 days after the lease ends, minus any agreed-upon damages.

Failure to conduct inspections can prevent the landlord from making any deductions.

3.         Maintenance and Repairs - the Rental Act clearly states that -

a)          Landlords must ensure the property is safe and habitable.

b)         Tenants must maintain the interior in a clean and damage-free condition.

c)          Any structural damage or faults must be repaired by the landlord.

Failure to maintain the property can result in legal consequences or orders from the Rental Housing Tribunal.

4.         Rental Housing Tribunal Dispute Resolution - each province has a Rental Housing Tribunal, which is an independent body that resolves disputes between landlords and tenants free of charge. The Tribunal can:

a)          Mediate disputes.

b)         Issue binding rulings.

c)          Investigate complaints related to unfair practices.

This offers an alternative to costly legal proceedings and promotes fair outcomes.

What are the Tenant’s rights under the Rental Act?

As a tenant, it’s essential to know your rights under the Act. These rights include -

1.         Right to a written rental agreement- landlords are required to provide tenants with a written rental agreement that clearly outlines the terms and conditions of the tenancy. This agreement should include details such as the rental amount, payment terms, duration of the lease, and any additional responsibilities of both parties.

2.         Right to a habitable dwelling- tenants have the right to live in a habitable and safe dwelling. Landlords are responsible for maintaining the property in a good condition, ensuring that – at all times - it meets the necessary health and safety standards.

3.         Right to privacy- tenants have the right to privacy, and landlords are not allowed to enter the rented premises without proper notice or without a valid reason. The Rental Act specifies that landlords must give tenants at least 24 hours’ notice before entering the property. Except in cases of emergency.

What are the Landlords responsibilities under the Rental Act?

While tenants have specific rights, landlords also have responsibilities under the Act. These responsibilities include -

1.         Maintaining the property - landlords are obligated to maintain the property in a good state of repair, ensuring at all times, that it’s habitable. This includes addressing any repairs, conducting regular maintenance, and providing essential services such as water and electricity.

2.         Adhering to rental agreements - landlords must comply with the terms and conditions outlined in the rental agreement. This includes collecting rent on time, providing proper notice for any changes or termination of the lease. The landlord must also respect the tenant’s right to peaceful enjoyment of the property.

3.         Returning the rental deposit - at the end of the rental agreement, landlords are required to return the tenant’s deposit within a reasonable period, minus any deductions for damages beyond normal wear and tear. The Rental Act provides guidelines on how the deposit should be managed to protect both parties’ interests.

Should a dispute arise?

It often happens during the course of a rental agreement that conflicts arise – despite both the tenant and landlords’ best efforts. In this situation its always best to oversee the situation calmly. The best way to go about diffusing a potential conflict is by –

1.         Open communication – both parties should sit around a table and openly discuss the dispute. Often misgivings about a situation are caused due to misunderstandings that can (and should) be settled through open dialogue between the parties.

2.         Mediation – if open communication doesn’t work, it may be time to bring in a third party and engage a mediator in order to come to a resolution. Mediation is often a cost-effective way of settling a dispute before going to court.

3.         Legal action – if all attempts to resolve the dispute out of court have failed, it may be time to take legal action. Consult with a suitably qualified legal practitioner who will be able to assist you with this.

The Rental Housing Tribunal

If either party believes that their rights have been in any way infringed upon, they can approach the Rental Housing Tribunal (RHT). The RHT is an independent body established under the Rental Act to resolve disputes between landlords and tenants. Its services are free and accessible to tenants, landlords, and property agents.

Common issues addressed by the RHT include Non-payment of rent, failure to refund deposits, overcrowding, unacceptable living conditions, harassment and intimidation, lack of maintenance, determination of fair rentals, unlawful seizure of tenant’s belongings, discrimination, exploitative rentals, and illegal lockouts or disconnections.

RHT Process Overview:

1.          Complaint Submission - affected parties can lodge complaints in person, by mail, or electronically, depending on provincial procedures.

2.          Preliminary Investigation - the RHT conducts an initial assessment to determine the validity of the complaint.

3.          Mediation - if deemed appropriate, a mediation session is arranged to facilitate a mutually agreeable resolution.

4.          Arbitration - should mediation fail, the matter proceeds to arbitration, where a binding ruling is issued.

Important Considerations:

1.          No legal representation required - Parties can represent themselves, making the process more accessible and cost-effective.

2.          Binding decisions - Rulings by the RHT have the same legal effect as those made by a Magistrate’s Court.

3.          Prohibition of eviction during proceedings - Landlords are prohibited from evicting tenants while a complaint is under review by the RHT.

How to Evict a Person not Paying Rent

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) governs the eviction process, ensuring fairness for both landlords and tenants. Understanding and following the correct legal steps is crucial to avoid complications.

Eviction isn’t just about regaining possession of your property—it’s a legal process that ensures the rights of both landlords and tenants are protected. Acting outside the law can have profound consequences, including fines or criminal charges.

The PIE Act process involves the sending of a letter of demand, following which, if the letter of demand is not answered the landlord can cancel the lease agreement and apply for an eviction order at the Magistrate’s Court or High Court. The eviction order involves filing a Notice of Motion accompanied by supporting affidavits. The court will then issue a notice informing the tenant of the pending eviction with a date for the tenant to appear and oppose the application. If the court approves the application for the eviction, the order will include a specific date for the tenant to vacate the property. If the tenant refuses to evict the premises, the Sheriff of the Court enforces the eviction.

It's a much more lengthily and involved process then we have made it out to be. A process that can take anything from 3 to 12 months to finalise. If eviction is what you require, we urge you to consult with us as soon as possible. Do not attempt to evict your tenants yourself, especially if it’s without an eviction order.

We have taken the utmost care to ensure that the above information is correct having taken information directly from the Rental Act and PIE Act, but we urge you to consult with a suitably qualified legal practitioner who will be able to answer any questions you may have on Rental Agreements, the landlord and tenant relationship as well as any possible eviction orders that you may be interested in applying for. In this regard, we would be more than happy to support you. Please feel free to contact us to see how we can best assist.

We are a law firm that considers honesty to be core to our business. We are a law firm that will provide you with clear advice and smart strategies - always keeping your best interests at heart!

(Sources used and to whom we give thanks –  Jonker Vorster Attorneys; Pagel Schulenburg; Landlord Association of South Africa here and here).  

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