What is the Rental Housing Tribunal and How Can It Help You?

It is always the hope that tenant and landlord relationships remain respectful and positive, but when things take a turn for the worse, the Rental Housing Tribunal is there to help. Here’s what you need to know.

The Rental Housing Tribunal (RHT) provides a crucial, cost-free avenue for resolving these issues. Established under the Rental Housing Act, 1999 (Act 50 of 1999), the RHT serves as an alternative to court proceedings. It ensures fair and efficient dispute resolution, protects tenant and landlord rights, enforces lease agreement compliance, and combats unfair rental practices.

1. Functions of the Rental Housing Tribunal

The Rental Housing Tribunal performs several essential functions, including:

Dispute Resolution: The Rental Housing Tribunal provides a range of dispute resolution services, including mediation, conciliation, and adjudication, to help resolve disputes between tenants and landlords.

Compliance Monitoring: The Rental Housing Tribunal monitors compliance with the Rental Housing Act and other applicable laws, regulations, and codes of conduct.

Education and Training: The Rental Housing Tribunal provides education and training to tenants and landlords on their rights and responsibilities under the law, as well as on good governance practices.

Research and Policy Development: The Rental Housing Tribunal conducts research and develops policies to promote good governance and harmonious relationships between tenants and landlords. 

2. Who Can Use the Tribunal?

The Tribunal is available to any individual or group involved in a rental dispute, including:

• Tenants who are experiencing unfair treatment from landlords, such as unlawful eviction, non-refund of deposits, or failure to maintain the rental property.
• Landlords who are dealing with issues such as non-payment of rent, damage to property, or lease violations by tenants.
• Groups of tenants or landlords who have collective concerns regarding rental conditions, services, or lease agreements.
• Interest groups advocating for fair rental practices in residential property disputes. 

3. How to Lodge a Complaint

Lodging a complaint with the Tribunal is a straightforward process, designed to be accessible to all parties. The steps include:

3.1 Complete the Complaint Form

Forms are available at the Tribunal’s office or online. Ensure that all required fields are filled in accurately.

3.2 Gather Supporting Documents

A copy of your lease agreement (if available).Proof of rental payments made. Correspondence related to the dispute (emails, letters, or messages).Contact details of both the landlord and tenant.

3.3 Submit the Complaint

Complaints can be lodged in person, via email, fax, or by post. Upon submission, you will receive a reference number for tracking your case.

3.4 Tribunal Review and Mediation

The Tribunal will assess the complaint and determine whether it falls within its jurisdiction .A mediation session may be arranged to resolve the dispute amicably. If mediation fails, a formal hearing will be conducted, after which the Tribunal will issue a legally binding ruling.

4. Types of Disputes the Tribunal Handles

The Tribunal has the authority to address a wide range of disputes, including but not limited to the following complaints by a tenant or landlord:

• Unacceptable living conditions - such as overcrowding or hygienic issues.
• Non-payment of rent – Tenants failing to pay rent or landlords unlawfully demanding additional payments.
• Failure to refund a deposit – Landlords refusing to return deposits without justification.
• Unlawful evictions – Evictions carried out without following the proper legal process and obtaining a court order. However, a landlord cannot apply to the RHT for an eviction order and the RHT cannot order the eviction of a tenant.
• Disconnection of essential services – Landlords cutting off water, electricity, or other municipal services without a court order.
• Lack of property maintenance – Landlords failing to carry out necessary repairs.
• Breach of lease agreements – Either party failing to comply with the terms of a written or verbal lease agreement.
• Discrimination – Landlords discriminating against tenants based on race, gender, religion, or other protected grounds.
• Damage to a property - for example, a door of the landlord or a table of the tenant.
• Not issuing a receipt or statements to a tenant in respect of payments made.

5. What Happens After Lodging a Complaint?

Once a complaint is submitted, the Tribunal follows a structured process:

5.1 Assessment and Case Number Allocation

The Tribunal evaluates whether the case falls under its jurisdiction. A case reference number is assigned.

5.2 Mediation Attempt

A mediation session is arranged where an independent mediator assists both parties in finding a resolution. If a mutual agreement is reached, it is recorded as an official ruling.

5.3 Formal Hearing (If Mediation Fails)

If mediation does not resolve the dispute, a formal Tribunal hearing is conducted. Both parties are required to attend and present their case. The Tribunal will issue a legally binding ruling, enforceable like a Magistrate’s Court judgment.

5.4 Enforcement of the Ruling

Failure to comply with a Tribunal ruling can result in fines, imprisonment, or further legal action. The ruling can also be reviewed by the High Court if a party seeks to challenge it. However, the RHT does not have the authority to compel parties to act in terms of its rulings, meaning that it cannot consider an application for contempt of court in the way that a Magistrates’ Court can. If you need to enforce a provision of a RHT ruling that requires action or omission, you will have to do this through contempt proceedings in the Magistrates’ Court or High Court.

6. How long does the Rental Housing Tribunal take to resolve complaints?

When someone makes a complaint, it usually takes about three months to solve the problem. This is a faster option than going to court, which can take many months or even years to solve a problem. During this time, a landlord cannot make a tenant leave and the tenant must still pay rent.

7. Will it cost me to file a complaint at the Rental Housing Tribunal?

It does not cost anything to use the Rental Housing Tribunal. It is a free service. You do not need to hire a lawyer to help you (like in some courts) but the parties will have to pay for expenses such as sheriff’s fees.

8. Can a Landlord Go to Court Instead of the Tribunal?

Yes, but with limitations:

• For arrear rent claims, a landlord may approach a court only if no unfair rental practice is involved.
• If a dispute includes unfair practices, the court may refer the case back to the Tribunal.
• The Tribunal cannot issue eviction orders—landlords seeking to evict a tenant must apply to the courts.