What process is followed when a complaint is lodged? HOUSI… · The tribunal will conduct a...
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Building partnerships for accelerated human settlements delivery Towards the delivery of 1,5 million housing opportunities by 2019 What is the Rental Housing Tribunal? ► It is the independent body appointed by the MEC in terms of the Rental Housing Act to resolve disputes between landlords and tenants of residential dwellings. ► It is therefore a dedicated body that can resolve disputes between tenants and landlords as an alternative to costly court actions. What are the powers of the Tribunal? ► It can summon a landlord/tenant to a hearing or mediation. ► It can order a landlord or tenant to comply with any part of the Rental Housing Act. ► Its ruling has the same power as judgement of a Magistrate’s Court. ► It can impose a fine and/or imprisonment. Who may lodge a complaint and how is it lodged? ► Any tenant or landlord or group of tenant or landlords or interest group may lodge complaints. ► The complainant fills in a prescribed form. This can be done in one of the following ways: 1. At the rental housing tribunal office. 2. Faxed to the office. 3. At the rental housing information office which a local authority may establish. 4. By other means allowed by the rental housing tribunal. What process is followed when a complaint is lodged? ► A file is opened for each complaint and the particulars of the complainant(s) and the respondent(s) are entered into a register. ► A letter is sent to all parties informing them of the particulars of the complaint that has been lodged. ► The tribunal will conduct a preliminary investigation. ► Parties will be informed in writing (by way of summons) of the date, time and place the case is to be mediated or heard. ► Copy of the complaint form with all supporting documents will be provided to all parties for the mediation or hearing. ► Any person(s) (witnesses) who may be involved or who might have information required will be summoned. ► The respondent can also file a complaint against the complainant (“counter-claim”) either before or during a hearing. What are some of the matters the Tribunal can deal with? ► It has the authority to deal with disputes, complaints or problems between tenants and landlords that include:- 1. Non-payment of rentals. 2. Failure to refund a deposit. 3. Invasion of tenant’s privacy (including family members and visitors). 4. Overcrowding. 5. Determination of fair rentals. 6. Unlawful seizure of tenant’s goods. 7. Discrimination by landlord against a prospective tenant. 8. Receipt for payment not issued. 9. Tenant behaving in an undesirable manner. 10. Lack of maintenance and repairs. 11. Illegal eviction. 12. Illegal lockout or illegal disconnection of services. 13. Unacceptable living conditions. Do parties have to pay any fee? ► No, there is no cost involved for either the landlord/tenant from the time a complaint is filed to the end of a mediation or hearing. Does the Rental Housing Act apply to Business/Commercial Property? ► No. Does the Rental Housing Act apply to all residential dwellings? ► It applies to all dwellings used for rental housing purposes, irrespective of who the owner/landlord is. What is a dwelling? ► A dwelling includes any house, hostel room, hut, shack, flat, apartment, room, outbuilding, garage or similar structure a landlord leases to a tenant to live in. A storeroom, outbuilding, garage or demarcated parking space may form part of the leased dwelling if this was agreed between the landlord and tenant. A tenant has a right to: ► Not have his/her person searched. ► Not have his/her property searched. ► Not have his/her possession seized without an order of the court. ► Privacy. A landlord has the right: ► To prompt and regular payment of all rental and other charges in terms of the lease. ► Recover unpaid rental and other amounts that are due after obtaining a ruling from the Tribunal or a court order. ► Terminate the lease on grounds that do not constitute an unfair practice and is specified in the lease. ► Upon termination of lease, receive the property back in good state and repossess the property after an order has been obtained. ► Claim compensation for damages caused to the property. CONTACT DETAILS: 1. NDHS: RHT & Tenant/Landlord Advisory Service 539 Structura Building, Church Street, Arcadia, Pretoria Ronald Mukhombo: 012 444 5212 [email protected] Busisiwe Nxumalo: 012 444 5211 [email protected] 2. KWAZULU NATAL: Mr. Willow Ziqubu, Manager: RHT 353-363 Dr Prixley Ka Seme, Durban, 4001 031 372 1804/1800 (fax) 031 372 1831 [email protected] 3. GAUTENG: Ms Betty Kgobe, Manager: RHT 1066 Old Mutual Building, 35 Pritchard Street, Johannesburg 011 630 5035/5057 (fax) 083 601 0474 [email protected] 4. WESTERN CAPE: Mr Roy Stewart, Manager: RHT 27 Wale Street ISN Building, Cape Town 021 483 3005/086 010 6166 (fax) 021 483 3313 [email protected] 5. NORTHERN CAPE: Mr.Thabo Molete, Manager: RHT J S Du Plooy Building, 9 Cecil Sussman Road, Kimberley 053 830 9455/9525, (fax) 053 831 8016 [email protected] 6. MPUMALANGA: T C Selowe, Director: RHT c/o Emnotweni Avenue & Kaewldorp, Mbombela, 1200 013 757 0792/084 273 1942 (fax) 086 511 4437 [email protected] [email protected] 7. NORTH WEST: Dikeledi Safira Moagi, Director: RHT University Drive Building, 2nd floor, Mafikeng 018 388 5407/071 640 6272 [email protected] 8. LIMPOPO: Ms Gladys Manganye, Manager: RHT c/o Rabie & Market Street, Polokwane 015 294 2539/076 969 5703 (fax) 082 741 9670 [email protected] 9. FREE STATE: Ms Poppy Modibane, Manager: RHT Lebohang Building, c/o Markgraaf & St Andrews, Bloemfontein 051 405 5034/5430 (fax) 082 813 2197 [email protected] 10. EASTERN CAPE: Mr Mandla Labase, Manager: RHT 31- 33 Phillip Frame Road Waverly Park, Chislehurst, East London 043 711 9563/074 140 6465 N.B For more information on how to lodge a complaint and advise on tenant landlord related matters, contact your Provincial Rental Housing Tribunal.
Transcript of What process is followed when a complaint is lodged? HOUSI… · The tribunal will conduct a...
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Building partnerships for accelerated human settlements delivery Towards the delivery of 1,5 million housing opportunities by 2019
What is the Rental Housing Tribunal? ► It is the independent body appointed by the MEC in terms of the Rental Housing Act to resolve disputes between
landlords and tenants of residential dwellings. ► It is therefore a dedicated body that can resolve disputes between tenants and landlords as an alternative to costly
court actions.What are the powers of the Tribunal? ► It can summon a landlord/tenant to a hearing or mediation. ► It can order a landlord or tenant to comply with any part of the Rental Housing Act. ► Its ruling has the same power as judgement of a Magistrate’s Court. ► Itcanimposeafineand/orimprisonment.Who may lodge a complaint and how is it lodged? ► Any tenant or landlord or group of tenant or landlords or interest group may lodge complaints. ► Thecomplainantfillsinaprescribedform.Thiscanbedoneinoneofthefollowingways: 1. Attherentalhousingtribunaloffice. 2. Faxedtotheoffice. 3. Attherentalhousinginformationofficewhichalocalauthoritymayestablish. 4. By other means allowed by the rental housing tribunal.What process is followed when a complaint is lodged? ► Afileisopenedforeachcomplaintandtheparticularsofthecomplainant(s)andtherespondent(s)areenteredinto
a register. ► A letter is sent to all parties informing them of the particulars of the complaint that has been lodged. ► The tribunal will conduct a preliminary investigation. ► Partieswillbeinformedinwriting(bywayofsummons)ofthedate,timeandplacethecaseistobemediatedor
heard. ► Copy of the complaint form with all supporting documents will be provided to all parties for the mediation or hearing. ► Anyperson(s)(witnesses)whomaybeinvolvedorwhomighthaveinformationrequiredwillbesummoned. ► Therespondentcanalsofileacomplaintagainstthecomplainant(“counter-claim”)eitherbeforeorduringahearing.What are some of the matters the Tribunal can deal with? ► Ithastheauthoritytodealwithdisputes,complaintsorproblemsbetweentenantsandlandlordsthatinclude:- 1. Non-paymentofrentals. 2. Failure to refund a deposit. 3. Invasionoftenant’sprivacy(includingfamilymembersandvisitors). 4. Overcrowding. 5. Determination of fair rentals. 6. Unlawful seizure of tenant’s goods. 7. Discrimination by landlord against a prospective tenant. 8. Receipt for payment not issued. 9. Tenant behaving in an undesirable manner. 10. Lack of maintenance and repairs. 11. Illegal eviction. 12. Illegal lockout or illegal disconnection of services. 13. Unacceptable living conditions.Do parties have to pay any fee? ►No,thereisnocostinvolvedforeitherthelandlord/tenantfromthetimeacomplaintisfiledtotheendofamediation
or hearing.Does the Rental Housing Act apply to Business/Commercial Property? ► No.Does the Rental Housing Act apply to all residential dwellings? ► It applies to all dwellings used for rental housing purposes, irrespective of who the owner/landlord is.What is a dwelling? ► A dwelling includes any house, hostel room, hut, shack, flat, apartment, room, outbuilding, garage or similar
structure a landlord leases to a tenant to live in. A storeroom, outbuilding, garage or demarcated parking space may form part of the leased dwelling if this was agreed between the landlord and tenant.
A tenant has a right to: ► Not have his/her person searched. ► Not have his/her property searched. ► Not have his/her possession seized without an order of the court. ► Privacy.A landlord has the right: ► To prompt and regular payment of all rental and other charges in terms of the lease. ► Recover unpaid rental and other amounts that are due after obtaining a ruling from the Tribunal or a court order. ► Terminatetheleaseongroundsthatdonotconstituteanunfairpracticeandisspecifiedinthelease. ► Upon termination of lease, receive the property back in good state and repossess the property after an order has
been obtained. ► Claim compensation for damages caused to the property.
CONTACT DETAILS:
1. NDHS: RHT & Tenant/Landlord Advisory Service 539 Structura Building, Church Street, Arcadia, Pretoria RonaldMukhombo: 0124445212 [email protected] BusisiweNxumalo: 0124445211 [email protected]
2. KWAZULU NATAL: Mr.WillowZiqubu,Manager:RHT 353-363DrPrixleyKaSeme,Durban,4001 0313721804/1800(fax)0313721831 [email protected]
3. GAUTENG: MsBettyKgobe,Manager:RHT 1066 Old Mutual Building, 35 Pritchard Street, Johannesburg 0116305035/5057(fax)0836010474 [email protected]
4. WESTERN CAPE: MrRoyStewart,Manager:RHT 27 Wale Street ISN Building, Cape Town 0214833005/0860106166(fax)0214833313 [email protected]
5. NORTHERN CAPE: Mr.ThaboMolete,Manager:RHT J S Du Plooy Building, 9 Cecil Sussman Road,Kimberley 0538309455/9525,(fax)0538318016 [email protected]
6. MPUMALANGA: TCSelowe,Director:RHT c/oEmnotweniAvenue&Kaewldorp, Mbombela, 1200 0137570792/0842731942(fax)0865114437 [email protected] [email protected]
7. NORTH WEST: DikelediSafiraMoagi,Director:RHT UniversityDriveBuilding,2ndfloor,Mafikeng 018 388 5407/071 640 6272 [email protected]
8. LIMPOPO: MsGladysManganye,Manager:RHT c/o Rabie & Market Street, Polokwane 0152942539/0769695703(fax)0827419670 [email protected]
9. FREE STATE: MsPoppyModibane,Manager:RHT Lebohang Building, c/o Markgraaf & St Andrews, Bloemfontein 0514055034/5430(fax)0828132197 [email protected]
10. EASTERN CAPE: MrMandlaLabase,Manager:RHT 31-33PhillipFrameRoadWaverlyPark, Chislehurst, East London 043 711 9563/074 140 6465
N.B For more information on how to lodge a complaint and advise on tenant landlord related matters, contact your Provincial Rental Housing Tribunal.
