Efficient Resolution Of Landlord-Tenant Conflicts

The rental housing tribunal, established under the Rental Housing Act 50 of 1999, handles disputes between landlords and tenants of residential properties through mediation and arbitration. The Rental Housing Tribunal (RHT) is a decision-making body comprising of five members appointed by Government, who each have expertise in housing. These members are independent and do not work for the housing department. According to the Rental Housing Act 50 of 1999, the tribunal's decisions carry the same legal weight as a magistrate's court judgment. This means tribunal judgments are enforceable like any court judgment, and non-compliance can result in fines or imprisonment. 

What are the powers of the Tribunal? 

• It can summon a landlord or tenant to hearing or mediation. 

• It can order a tenant or landlord to comply with any part of the Rental 

• Housing Act. 

• Its ruling has the same power as judgement of the Magistrate court. 

•  It can impose a fine and /or judgement. 

• Determination of fair rentals. 

What Disputes Does the Tribunal Handle? 

The tribunal addresses all "unfair practices" related to leased premises, including: 

• Non-payment of rent 

• Failure to return deposits 

• Unacceptable living conditions 

• Harassment or intimidation 

• Neglect in property maintenance 

• Unlawful seizure of tenant belongings 

• Illegal lock changes 

• Unlawful disconnection of utilities 

While the tribunal can resolve most landlord-tenant disputes, it cannot order a tenant's eviction; only a court can issue such an order. 

How Does the Tribunal Resolve Disputes? 

The resolution process begins with mediation, where a tribunal official (mediator) helps the parties reach a settlement. The mediator facilitates the discussion but cannot impose a decision. If an agreement is reached, it becomes an order of the tribunal, equivalent to a magistrate's court judgment. If mediation fails, the case moves to arbitration. Here, both parties present their cases, cross-examine each other, and call witnesses. The arbitrator then makes a binding judgment, also carrying the legal effect of a magistrate's court ruling. 

The tribunal provides these services free of charge. 

Who may lodge a complaint and how? 

•  Any tenant or landlord or group of tenants or landlords or interest group may 

lodge a complaint to the Tribunal. The complainant fills in a prescribed form. This can be done in one of the following ways: 

• At the Rental Housing Tribunal Office. 

• Faxed to the Rental Housing Tribunal office. 

• At the Rental Housing Information Office which a local authority may 

• establish. 

• By other means allowed by the Rental Housing Tribunal. 

Required documentation includes: 

• ID or passport 

• Lease agreement (if available) 

• Proof of relevant payments 

• Proof of both parties' physical addresses 

• Contact telephone numbers of both parties 

Once filed, the tribunal opens a file for each complaint. A letter detailing the complaint is sent to all parties. A preliminary investigation is conducted and a mediation session is scheduled The mediation and arbitration processes then proceed as described above. Disputes typically resolve within three months, significantly faster than court cases, which can take many months or even years. If one of the parties is not happy with the decision reached by the Tribunal at the end of this process, they can have the decision reviewed by the High Court. 

Conclusion 

Efficient resolution of landlord-tenant conflicts is crucial for maintaining harmony in residential rental relationships. The Rental Housing Tribunal, established under the Rental Housing Act 50 of 1999, serves as a vital mechanism in this regard, offering a streamlined, cost-effective alternative to court proceedings. By addressing a wide range of disputes through mediation and arbitration, the tribunal ensures that conflicts are resolved quickly, typically within three months. 

The tribunal's decisions are legally binding and enforceable, akin to a magistrate's court judgment, ensuring compliance and accountability. While the tribunal cannot order evictions, it holds significant power in handling "unfair practices" and can summon parties, order compliance, and impose fines. 

For landlords and tenants, understanding the tribunal's function and processes can significantly mitigate disputes and foster a more cooperative rental environment.  

Legal advisors can provide valuable guidance, ensuring that complaints are properly lodged and effectively resolved.  

Robyn Shepherd | SchoemanLaw Inc  

Specialist Family Law and Civil Litigation 

https://schoemanlaw.co.za/our-services/property-law/