Rental Property Law in South Africa

Rental Property Law in South Africa

Rent Control Act, 1976 (Act 80 of 1976)

RENTAL HOUSING ACT 50 OF 1999
[ASSENTED TO 9 DECEMBER 1999]
[DATE OF COMMENCEMENT: 1 AUGUST 2000]
(English text signed by the President)
ACT
To define the responsibility of Government in respect of rental housing property; to
create mechanisms to promote the provision of rental housing property; to promote
access to adequate housing through creating mechanisms to ensure the proper
functioning of the rental housing market; to make provision for the establishment of
Rental Housing Tribunals; to define the functions, powers and duties of such Tribunals;
to lay down general principles governing conflict resolution in the rental housing
sector; to provide for the facilitation of sound relations between tenants and landlords
and for this purpose to lay down general requirements relating to leases; to repeal the
Rent Control Act, 1976; and to provide for matters connected therewith.
Preamble
WHEREAS in terms of section 26 of the Constitution of the Republic of South Africa, 1996 everyone
has the right to have access to adequate housing;
AND WHEREAS the state must take reasonable legislative and other measures, within its available
resources, to achieve the progressive realisation of this right;
AND WHEREAS no one may be evicted from their home, or have their home demolished, without
an order of court made after considering all the relevant circumstances.
AND WHEREAS no legislation may permit arbitrary evictions;
AND WHEREAS rental housing is a key component of the housing sector;
AND WHEREAS there is a need to promote the provision of rental housing;
AND WHEREAS there is a need to balance the rights of tenants and landlords and to create
mechanisms to protect both tenants and landlords against unfair practices and exploitation;
AND WHEREAS there is a need to introduce mechanisms through which conflicts between tenants
and landlords can be resolved speedily at minimum cost to the parties;
BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:-
TABLE OF CONTENTS
CHAPTER 1
INTRODUCTORY PROVISIONS

1. Definitions
CHAPTER 2
PROMOTION OF RENTAL HOUSING PROPERTY
2. Reponsibility of Government to promote rental
housing.
3. Measures to increase provision of rental
housing property.
CHAPTER 3
RELATIONS BETWEEN TENANTS AND LANDLORDS
4. General provisions
5. Provisions pertaining to leases
CHAPTER 4
RENTAL HOUSING TRIBUNAL
6. Application of Chapter
7. Establishment of Rental Housing Tribunals
8. Functions of Tribunal
9. Composition of Tribunal
10. Meetings of Tribunal
11. Staff
12. Funding of and reporting on activities of
Tribunal
13. Complaints
14. Information Offices

15. Regulations
CHAPTER 5
GENERAL PROVISIONS
16. Offences and penalties
17. Review
18. Repeal and amendment of laws
19. Savings
20. Short title and commencement
CHAPTER I
INTRODUCTORY PROVISIONS (s 1)
1 Definitions
In this Act, unless the context otherwise indicates-
'dwelling' includes any house, hostel room, hut, shack, flat, apartment, room, outbuilding, garage
or similar structure which is leased, as well as any storeroom, outbuilding, garage or demarcated
parking space which is leased as part of the lease;
'financial institution' means a bank as defined in the Banks Act, 1990 (Act 94 of 1990);
'head of department' means the officer in charge of a department of the provincial government
responsible for housing in the province;
'House Rules' means the rules in relation to the control, management, administration, use and
enjoyment of the rental housing property;
'landlord' means the owner of a dwelling which is leased and includes his or her duly authorised
agent or a person who is in lawful possession of a dwelling and has the right to lease or sub-lease
it;
'lease' means an agreement of lease concluded between a tenant and a landlord in respect of a
dwelling for housing purposes;
'MEC' means the member of the Executive Council of a province responsible for housing matters;
'Minister' means the Minister of Housing;
'periodic lease' means a lease for an undetermined period, subject to notice of termination by
either party;

'prescribed' means prescribed by regulation by the MEC, by notice in the Gazette;
'regulation' means a regulation made in terms of section 15;
'rental housing property' includes one or more dwellings;
'Rental Housing Information Office' means an office established by a local authority in terms
of section 14 (1);
'tenant' means the lessee of a dwelling which is leased by a landlord;
'this Act' includes any regulation;
'Tribunal' means a Rental Housing Tribunal established under section 7;
'unfair practice' means a practice prescribed as a practice unreasonably prejudicing the rights or
interests of a tenant or a landlord.
CHAPTER 2
PROMOTION OF RENTAL HOUSING PROPERTY (ss 2-3)
2 Responsibility of Government to promote rental housing
(1) Government must-
(a) promote a stable and growing market that progressively meets
the latent demand for affordable rental housing among persons
historically disadvantaged by unfair discrimination and poor
persons, by the introduction of incentives, mechanisms and other
measures that-
(i) improve conditions in the rental housing
market;
(ii) encourage investment in urban and rural areas
that are in need of revitalisation and resuscitation;
and
(iii) correct distorted patterns of residential
settlement by initiating, promoting and facilitating
new development in or the redevelopment of
affected areas;
(b) facilitate the provision of rental housing in partnership with the
private sector.
(2) Measures introduced in terms of subsection (1) must-
(a) optimise the use of existing urban and rural municipal and
transport infrastructure;

(b) redress and inhibit urban fragmentation or sprawl;
(c) promote higher residential densities in existing ur ban areas as
well as in areas of new or consolidated urban growth; and
(d) mobilise and enhance existing public and private capacity and
expertise in the administration or management of rental housing.
(3) National Government must introduce a policy framework, including norms and standards, on
rental housing to give effect to subsection (1).
(4) Provincial and local governments must pursue the objects of subsection (1) within the national
policy framework on rental housing referred to in subsection (3), and within the context of broader
national housing policy in a balanced and equitable manner and must accord rental housing
particular attention in the execution of functions, the exercise of powers and the performance of
duties and responsibilities in relation to housing development.
3 Measures to increase provision of rental housing property
(1) The Minister may introduce a rental subsidy housing programme, as a national housing
programme, as contemplated in section 3 (4) (g) of the Housing Act, 1997 (Act 107 of 1997), or
other assistance measures, to stimulate the supply of rental housing property for low income
persons.
(2) Parliament may annually appropriate to the South African Housing Fund an amount to finance
such a programme.
(3) A separate account of income and expenditure in respect of such programme must be kept.
(4) Section 12 (1) (b) of the Housing Act, 1997 (Act 107 of 1997), does not apply to any amount
appropriated by Parliament for purposes of such programme.
CHAPTER 3
RELATIONS BETWEEN TENANTS AND LANDLORDS (ss 4-5)
4 General provisions
(1) In advertising a dwelling for purposes of leasing it, or in negotiating a lease with a prospective
tenant, or during the term of a lease, a landlord may not unfairly discriminate against such
prospective tenant or tenants, or the members of such tenant's household or the bona fide visitors
of such tenant, on one or more grounds, including race, gender, sex, pregnancy, marital status,
sexual orientation, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture,
language and birth.
(2) A tenant has the right, during the lease period, to privacy, and the landlord may only exercise
his or her right of inspection in a reasonable manner after reasonable notice to the tenant.
(3) The tenant's rights as against the landlord include his or her right not to have-
(a) his or her person or home searched;

(b) his or her property searched;
(c) his or her possessions seized, except in terms of law of general
application and having first obtained an order of court; or
(d) the privacy of his or her communications infringed.
(4) The rights set out in subsection (3) apply equally to members of the tenant's household and to
bona fide visitors of the tenant.
(5) The landlord's rights against the tenant include his or her right to-
(a) prompt and regular payment of a rental or any charges that
may be payable in terms of a lease;
(b) recover unpaid rental or any other amount that is due and
payable after obtaining a ruling by the Tribunal or an order of a
court of law;
(c) terminate the lease in respect of rental housing property on
grounds that do not constitute an unfair practice and are specified
in the lease;
(d) on termination of a lease to-
(i) receive the rental housing property in a good
state of repair, save for fair wear and tear; and
(ii) repossess rental housing property having first
obtained an order of court; and
(e) claim compensation for damage to the rental housing property
or any other improvements on the land on which the dwelling is
situated, if any, caused by the tenant, a member of the tenant's
household or a visitor of the tenant.
5 Provisions pertaining to leases
(1) A lease between a tenant and a landlord, subject to subsection (2), need not be in writing or be
subject to the provisions of the Formalities in Respect of Leases of Land Act, 1969 (Act 18 of 1969).
(2) A landlord must, if requested thereto by a tenant, reduce the lease to writing.
(3) A lease will be deemed to include terms, enforceable in a competent court, to the effect that-
(a) the landlord must furnish the tenant with a written receipt for
all payments received by the landlord from the tenant;
(b) such receipt must be dated and clearly indicate the address,
including the street number and further description, if necessary,
of a dwelling in respect of which payment is made, and whether
payment has been made for rental, arrears, deposit or otherwise,

and specify the period for which payment is made;
(c) the landlord may require a tenant, before moving into the
dwelling, to pay a deposit which, at the time, may not exceed an
amount equivalent to an amount specified in the agreement or
otherwise agreed to between the parties;
(d) the deposit contemplated in paragraph (c) must be invested by
the landlord in an interest-bearing account with a financial
institution and the landlord must subject to paragraph (g) pay the
tenant interest at the rate applicable to such account which may
not be less than the rate applicable to a savings account with a
financial institution, and the tenant may during the period of the
lease request the landlord to provide him or her with written proof
in respect of interest accrued on such deposit, and the landlord
must provide such proof on request: Provided that where the
landlord is a registered estate agent as provided for in the Estate
Agency Affairs Act, 1976 (Act 112 of 1976), the deposit and any
interest thereon shall be dealt with in accordance with the
provisions of that Act;
(e) the tenant and the landlord must jointly, before the tenant
moves into the dwelling, inspect the dwelling to ascertain the
existence or not of any defects or damage therein with a view to
determining the landlord's responsibility for rectifying any defects
or damage or with a view to registering such defects or damage,
as provided for in subsection (7);
(f) at the expiration of the lease the landlord and tenant must
arrange a joint inspection of the dwelling at a mutually convenient
time to take place within a period of three days prior to such
expiration with a view to ascertaining if there was any damage
caused to the dwelling during the tenant's occupation thereof;
(g) on the expiration of the lease, the landlord may apply such
deposit and interest towards the payment of all amounts for which
the tenant is liable under the said lease, including the reasonable
cost of repairing damage to the dwelling during the lease period
and the cost of replacing lost keys and the balance of the deposit
and interest, if any, must then be refunded to the tenant by the
landlord not later than 14 days of restoration of the dwelling to the
landlord;
(h) the relevant receipts which indicate the costs which the
landlord incurred, as contemplated in paragraph (g), must be
available to the tenant for inspection as proof of such costs
incurred by the landlord;
(i) should no amounts be due and owing to the landlord in terms
of the lease, the deposit, together with the accrued interest in
respect thereof, must be refunded by the landlord to the tenant,
without any deduction or set-off, within seven days of expiration of

the lease;
(j) failure by the landlord to inspect the dwelling in the presence of
the tenant as contemplated in paragraphs (e) or (f) is deemed to
be an acknowledgement by the landlord that the dwelling is in a
good and proper state of repair, and the landlord will have no
further claim against the tenant who must then be refunded, in
terms of this subsection, the full deposit plus interest by the
landlord;
(k) should the tenant fail to respond to the landlord's request for
an inspection as contemplated in paragraph (f), the landlord must,
on expiration of the lease, inspect the dwelling within seven days
from such expiration in order to assess any damages or loss which
occurred during the tenancy;
(l) the landlord may in the circumstances contemplated in
paragraph (k), without detracting from any other right or remedy
of the landlord, deduct from the tenant's deposit and interest the
reasonable cost of repairing damage to the dwelling and the cost
of replacing lost keys;
(m) the balance of the deposit and interest, if any, after deduction
of the amounts contemplated in paragraph (l), must be refunded
to the tenant by the landlord not later than 21 days after
expiration of the lease;
(n) the relevant receipts which indicate the costs which the
landlord incurred, as contemplated in paragraph (l), must be
available to the tenant for inspection as proof of such costs
incurred by the landlord; and
(o) should the tenant vacate the dwelling before expiration of the
lease, without notice to the landlord, the lease is deemed to have
expired on the date that the landlord established that the tenant
had vacated the dwelling but in such event the landlord retains all
his or her rights arising from the tenant's breach of the lease.
(4) The standard provisions referred to in subsection (3) may not be waived by the tenant or the
landlord.
(5) If on the expiration of the lease the tenant remains in the dwelling with the express or tacit
consent of the landlord, the parties are deemed, in the absence of a further written lease, to have
entered into a periodic lease, on the same terms and conditions as the expired lease, except that at
least one month's written notice must be given of the intention by either party to terminate the
lease.
(6) A lease contemplated in subsection (2) must include the following information:
(a) The names of the tenant and the landlord and their addresses
in the Republic for purposes of formal communication;
(b) the description of the dwelling which is the subject of the

lease;
(c) the amount of rental of the dwelling and reasonable escalation,
if any, to be paid in terms of the lease;
(d) if rentals are not paid on a monthly basis, then the frequency
of rental payments;
(e) the amount of the deposit, if any;
(f) the lease period, or, if there is no lease period determined, the
notice period requested for termination of the lease;
(g) obligations of the tenant and the landlord, which must not
detract from the provisions of subsection (3) or the regulations
relating to unfair practice;
(h) the amount of the rental, and any other charges payable in
addition to the rental in respect of the property.
(7) A list of defects registered in terms of subsection (3) (e) must be attached as an annexure to
the lease as contemplated in subsection (2).
(8) A copy of any House Rules applicable to a dwelling must be attached as an annexure to the
lease.
(9) A landlord must ensure that the provisions of subsections (6), (7) and (8) are complied with.
CHAPTER 4
RENTAL HOUSING TRIBUNAL (ss 6-15)
6 Application of Chapter
Unless a province has, before or after the commencement of this Act, enacted legislation providing
for matters dealt with in this Chapter, this Chapter will apply to such province.
7 Establishment of Rental Housing Tribunals
The MEC may by notice in the Gazette establish a tribunal in the Province to be known as the
Rental Housing Tribunal.
8 Functions of Tribunal
The Tribunal must fulfil the duties imposed upon it in terms of this Chapter, and must do all things
necessary to ensure that the objectives of this Chapter are achieved.
9 Composition of Tribunal
(1) The Tribunal consists of not less than three and not more than five members, who are fit and
proper persons appointed by the MEC, and must comprise

(a) a chairperson, who is suitably qualified and has the necessary
expertise and exposure to rental housing matters;
(b) not less than two and not more than four members, of whom-
(i) at least one and not more than two shall be
persons with expertise in property management or
housing development matters; and
(ii) at least one and not more than two shall be
persons with expertise in consumer matters
pertaining to rental housing or housing
development matters;
(c) a deputy chairperson, appointed by the MEC from the members
referred to in paragraph (b) of this subsection.
(2) The chairperson and members of the Tribunal must be appointed only after-
(a) the MEC has through the media and by notice in the Gazette
invited nominations of persons as candidates for the respective
positions on the Tribunal; and
(b) the MEC has consulted with the relevant standing or portfolio
committee of the Provincial Legislature which is responsible for
housing matters in the province.
(3) The MEC may appoint two persons to serve as alternate members of the Tribunal in the
absence of any member referred to in paragraph (b) of subsection (1) but such persons must have
the relevant expertise contemplated in paragraph (b) of subsection (1).
(4) Any appointment in terms of subsection (1) or (3) must be for a period not exceeding three
years but a person whose term of office as a member has expired may be reappointed by the MEC
for an additional period not exceeding three years.
(5) (a) Any vacancy in the office of a member of the Tribunal must, within one month of such
vacancy occurring, be filled by the MEC appointing another member under subsection (1) or (3).
(b) Any member so appointed holds office for the unexpired portion of the predecessor's term of
office.
(6) The MEC may at any time for reasons which are just and fair remove from office any member
appointed under subsection (1) or (3) and appoint another person to the vacancy resulting
therefrom in accordance with subsection (5).
(7) A member or an alternate member of the Tribunal other than a person who is in the full-time
employment of the State or an organ of state, must be appointed on the conditions of service
determined by the MEC with the approval of the Member of the Executive Council responsible for
provincial expenditure in the relevant province.
(8) Conditions of service so determined may differ according to whether the person concerned is

appointed on a full-time or part-time basis.
(9) Members of the Tribunal must be reimbursed by the head of department out of funds
appropriated in terms of section 12 (1) in respect of reasonable expenditure incurred in the
exercise of their duties under this Act.
10 Meetings of Tribunal
(1) The Tribunal will sit on such days and during such hours and at such place as the chairperson
of the Tribunal may determine.
(2) Meetings of the Tribunal must be held or resumed at such times and places throughout the area
of a Province as the chairperson may at any time determine.
(3) A local authority may, at the request and at no cost to the Tribunal, make a venue available for
meetings of the Tribunal.
(4) Meetings of the Tribunal must be convened for the consideration of-
(a) any complaint referred to the Tribunal in terms of section 13;
(b) any other matter which the Tribunal may or must consider in
terms of this Act.
(5) The quorum of any meeting of the Tribunal is three members, of which at least two members
must be appointed in terms of section 9 (1) (b) (i) and (ii), respectively.
(6) All decisions of the Tribunal, subject to subsection (7), must be taken by consensus.
(7) Where consensus cannot be reached by the Tribunal, the decision of a majority of the members
of the Tribunal must be the decision of the Tribunal.
(8) In the event of an equality of votes on any matter, the person presiding at the meeting of the
Tribunal will have a casting vote in addition to that person's deliberative vote.
(9) A member or any alternate member of the Tribunal must not attend or take part in the
discussions of or decision-making on any matter before the Tribunal in which he or she or his or
her spouse, or his or her relative within the second degree of affinity, or his or her partner or his or
her employer, other than the State, or the partner or the employer of his or her spouse, has any
direct or indirect pecuniary interest.
(10) Minutes of the proceedings of the Tribunal must be kept and retained at the offices of the
Tribunal.
(11) No decision taken by the Tribunal will be invalid merely by reason of a vacancy in the Tribunal
or of the fact that any person not entitled to sit as a member of the Tribunal, sat as such a member
at the time when the decision was taken, if the decision was taken by the majority of the members
of the Tribunal present at the time and who were entitled to sit as members of the Tribunal.
(12) Any person may, in the prescribed manner, obtain copies of minutes contemplated in
subsection (10) against payment of a prescribed fee.

11 Staff
(1) The staff required for the proper performance of the Tribunal's functions and the administration
of this Act, must be appointed subject to the laws governing the Public Service.
(2) The staff contemplated in subsection (1) may include inspectors, technical advisers, mediators
and administrative support staff.
(3) Any person appointed in terms of subsection (1) must be provided with a certificate of
appointment signed by or on behalf of the head of department.
(4) The Tribunal may, subject to such conditions as it may determine, delegate any powers
conferred on it other than a power under section 13 (2) (d), (3), (4) and (5) to a member of the
Tribunal or a person appointed in terms of subsection (1) but any such delegation will not preclude
the Tribunal from exercising any such delegated powers itself, and the Tribunal may set aside or
amend any decision of the delegate made in the exercise of such powers.
12 Funding of and reporting on activities of Tribunal
(1) The activities of the Tribunal must be funded from moneys appropriated by the Provincial
Legislature.
(2) The head of department is the accounting officer in respect of moneys appropriated in terms of
subsection (1).
(3) An annual report on the activities of the Tribunal must be submitted by the chairperson of the
Tribunal to the MEC as soon as possible after, but within four months of, 31 March in each year.
(4) The MEC may require the Tribunal to submit additional reports to him or her as the MEC may
require from time to time.
(5) Any report referred to in subsection (3) must be tabled in the Provincial Legislature within 30
days after receipt thereof by the MEC if the Provincial Legislature is in ordinary session, or if the
Provincial Legislature is then not in ordinary session, within 30 days of the commencement of the
next ensuing ordinary session.
13 Complaints
(1) Any tenant or landlord or group of tenants or landlords or interest group may in the prescribed
manner lodge a complaint with the Tribunal concerning an unfair practice.
(2) Once a complaint has been lodged with the Tribunal, the Tribunal must, if it appears that there
is a dispute in respect of a matter which may constitute an unfair practice-
(a) list particulars of the dwelling to which the complaint refers in
the register referred to in subsection (8);
(b) through its staff conduct such preliminary investigations as
may be necessary to determine whether the complaint relates to a
dispute in respect of a matter which may constitute an unfair
practice;

(c) where the Tribunal is of the view that there is a dispute
contemplated in paragraph (b) and that such dispute may be
resolved through mediation, appoint a mediator, which may be a
member of the Tribunal, a member of staff or any person deemed
fit and proper by the Tribunal, with a view to resolving the dispute;
(d) where the Tribunal is of the view that the dispute is of such a
nature that it cannot be resolved through mediation or where a
mediator contemplated in paragraph (c) has issued a certificate to
the effect that the parties are unable to resolve the dispute
through mediation, conduct a hearing and, subject to this section,
make such a ruling as it may consider just and fair in the
circumstances.
(3) For purposes of a hearing contemplated in paragraph (d) of subsection (2), the Tribunal may-
(a) require any Rental Housing Information Office to submit
reports concerning inquiries and complaints received, as well as on
any other matters concerning the administration of this Act within
the area of jurisdiction of that office;
(b) require any inspector to appear before the Tribunal to give
evidence, to provide information, or to produce any report or other
document concerning inspections conducted which may have a
bearing on any complaint received by the Tribunal;
(c) require any Rental Housing Information Office to advise the
Tribunal on any matter concerning a dwelling or concerning a
complaint received from any landlord or any tenant within the area
of jurisdiction of that office;
(d) summon any tenant or landlord or any other person who, in
the Tribunal's opinion may be able to give evidence relevant to a
complaint, to appear before the Tribunal;
(e) summon any person who may reasonably be able to give
information of material importance concerning a complaint or who
has in such person's possession or custody or under such person's
control any book, document or object to attend its proceedings
and to produce any book, document, or object in his or her
possession or custody or under his or her control, to give evidence
or to provide information under his or her control;
(f) call upon and administer an oath to, or accept an affirmation
from, any person present at the meeting in terms of paragraph (a),
(b) or (c), or who has been summoned in terms of paragraph (d)
or (e).
(4) Where a Tribunal, at the conclusion of a hearing in terms of paragraph (d) of subsection (2) is
of the view that an unfair practice exists, it may-
(a) rule that any person must comply with a provision of the

regulations relating to unfair practices;
(b) where it would appear that the provisions of any law have
been or are being contravened, refer such matter for an
investigation to the relevant competent body or local authority;
(c) make any other ruling that is just and fair to terminate any
unfair practice, including, without detracting from the generality of
the aforegoing, a ruling to discontinue-
(i) overcrowding;
(ii) unacceptable living conditions;
(iii) exploitative rentals; or
(iv) lack of maintenance.
(5) A ruling contemplated in subsection (4) may include a determination regarding the amount of
rental payable by a tenant, but such determination must be made in a manner that is just and
equitable to both tenant and landlord and takes due cognisance of-
(a) prevailing economic conditions of supply and demand;
(b) the need for a realistic return on investment for investors in
rental housing; and
(c) incentives, mechanisms, norms and standards and other
measures introduced by the Minister in terms of the policy
framework on rental housing referred to in section 2 (3).
(6) When acting in terms of subsection (4), the Tribunal must have regard to-
(a) the regulations in respect of unfair practices;
(b) the common law to the extent that any particular matter is not
specifically addressed in the regulations or a lease;
(c) the provisions of any lease to the extent that it does not
constitute an unfair practice;
(d) national housing policy and national housing programmes; and
(e) the need to resolve matters in a practicable and equitable
manner.
(7) As from the date of any complaint having been lodged with the Tribunal, until the Tribunal has
made a ruling on the matter or a period of three months has elapsed, whichever is the earlier-
(a) the landlord may not evict any tenant, subject to paragraph

(b);
(b) the tenant must continue to pay the rental payable in respect
of that dwelling as applicable prior to the complaint or, if there has
been an escalation prior to such complaint, the amount payable
immediately prior to such escalation; and
(c) the landlord must effect necessary maintenance.
(8) The Tribunal must keep a register of complaints received and complaints resolved with such
details as may be prescribed and quarterly provide the local authority in whose jurisdictions
dwellings are situated in respect of which complaints have been received with a list of complaints
received and complaints resolved in such format as may be prescribed.
(9) As from the date of the establishment of a Tribunal as contemplated in section 7, any dispute in
respect of an unfair practice, must be determined by the Tribunal unless proceedings have already
been instituted in any other court.
(10) Nothing herein contained precludes any person from approaching a competent court for
urgent relief under circumstances where he or she would have been able to do so were it not for
this Act, or to institute proceedings for the normal recovery of arrear rental, or for eviction in the
absence of a dispute regarding an unfair practice.
(11) A magistrate's court may, where proceedings before the court relate to a dispute regarding an
unfair practice as contemplated in this Act, at any time refer such matter to the Tribunal.
(12) The Tribunal may-
(a) make a ruling as to costs as may be just and equitable; and
(b) where a mediation agreement has been concluded pursuant to
section 13 (2) (c), make such an agreement a ruling of the
Tribunal.
(13) A ruling by the Tribunal is deemed to be an order of a magistrate's court in terms of the
Magistrates' Court Act, 1944 (Act 32 of 1944).
14 Information Offices
(1) A local authority may establish a Rental Housing Information Office to advise tenants and
landlords in regard to their rights and obligations in relation to dwellings within the area of such
local authority's area of jurisdiction.
(2) A local authority may, subject to the laws governing the appointment of local government
officials, appoint officials to carry out any duties pertaining to such Rental Housing Information
Office.
(3) The functions of a Rental Housing Information Office are to-
(a) educate, provide information and advise tenants and landlords
with regard to their rights and obligations in relation to dwellings

within its area of jurisdiction;
(b) provide advice to disputing parties on reaching solutions to
problems relating to dwellings;
(c) refer parties to the Tribunal;
(d) comply with any request of the Tribunal in terms of section 13;
and
(e) keep records of enquiries received by the office and to submit
reports in relation thereto to the Tribunal on a quarterly basis.
15 Regulations
(1) The MEC may, after consultation with the relevant standing or portfolio committee of the
Provincial Legislature responsible for housing matters in the province, by notice in the Gazette,
make regulations relating to-
(a) anything which may or must be prescribed under Chapter 4;
(b) the procedures and manner in which the proceedings of the
Tribunal must be conducted;
(c) the forms and certificates to be used;
(d) the notices to be given by the Tribunal in the performance of
its functions, powers and duties;
(e) the functions, powers and duties of inspectors for the purpose
of carrying out the provisions of this Act;
(f) unfair practices, which, amongst other things may relate to-
(i) the changing of locks;
(ii) deposits;
(iii) damage to property;
(iv) demolitions and conversions;
(v) eviction;
(vi) forced entry and obstruction of entry;
(vii) House Rules, subject to the provisions of the
Sectional Titles Act, 1986 (Act 95 of 1986), where
applicable;

(viii) intimidation;
(ix) issuing of receipts;
(x) tenants committees;
(xi) municipal services;
(xii) nuisances;
(xiii) overcrowding and health matters;
(xiv) tenant activities;
(xv) maintenance;
(xvi) reconstruction or refurbishment work; or
(g) anything which is necessary to prescribe in order to achieve the
purposes of this Act.
(2) At least one month prior to the publication of any regulations contemplated in subsection (1),
the MEC must by notice in the Gazette set out the MEC's intention to publish regulations in the form
of a Schedule forming part of such notice setting out the proposed regulations, and inviting
interested persons to comment on the said regulations or make any representations which they
may wish to make in regard thereto.
CHAPTER 5
GENERAL PROVISIONS (ss 16-20)
16 Offences and penalties
Any person who-
(a) fails to comply with section 4 or 5 (2) or (9);
(b) has been duly summonsed under section 13 and who fails,
without sufficient cause-
(i) to attend at the time and place specified in the
summons; or
(ii) to remain in attendance until excused by the
Tribunal from further attendance;
(c) has been called upon, in terms of section 13 (3) (f) and who
refuses to be sworn or to make an affirmation as a witness;
(d) fails, without sufficient cause-
(i) to answer fully and satisfactorily any question

lawfully put to any such person in terms of section
13 (3);
(ii) to produce any book, document or object in
any such person's possession or custody or under
any such person's control which any such person
was required to produce in terms of section 13 (3)
(e);
(e) with intent to deceive the Tribunal, produces before the
Tribunal any false, untrue, fabricated or falsified book or
document;
(f) wilfully furnishes the Tribunal with information, or makes a
statement before the Tribunal, which is false or misleading;
(g) fails to comply with any ruling of the Tribunal in terms of
section 13 (4);
(h) fails to comply with a request of the Tribunal in terms of
section 13 (3) (a), (b) or (c); or
(i) contravenes any regulation, will be guilty of an offence and
liable on conviction to a fine or imprisonment not exceeding two
years or to both such fine and such imprisonment.
17 Review
Without prejudice to the constitutional right of any person to gain access to a court of law, the
proceedings of a Tribunal may be brought under review before the High Court within its area of
jurisdiction.
18 Repeal and amendment of laws
The laws specified in the Schedule are repealed or amended to the extent indicated in that
Schedule.
19 Savings
(1) Despite section 18-
(a) a tenant of controlled premises as defined in section 1 of the
Rent Control Act, 1976 (Act 80 of 1976), may not be evicted or
caused to vacate the premises-
(i) unless the tenant has committed a breach of
lease; or
(ii) except under the circumstances and in the
manner contemplated in section 28 of that Act;
and

(b) the rent of such premises may not be increased by more than
ten per cent per annum,
for a period of three years commencing on the date of commencement of this Act.
(2) During the period of three years referred to in subsection (1) the Minister must-
(a) monitor and assess the impact of the application of that
subsection on poor and vulnerable tenants; and
(b) take such action as he or she deems necessary to alleviate
hardship that may be suffered by such tenants.
(3) For purposes of subsection (2) the Minister may define criteria based on age, income or any
other form or degree of vulnerability that apply to such tenant or group of tenants and amend or
augment the policy framework on rental housing, referred to in section 2 (3), by introducing a
special national housing programme to cater for the needs of affected tenants that comply with the
criteria defined in terms of this subsection.
20 Short title and commencement
(1) This Act is called the Rental Housing Act, 1999, and comes into operation on a date determined
by the President by proclamation in the Gazette.
(2) In applying subsection (1) different sections of the Act may come into effect on different dates
and different dates may be determined for different provinces.
Schedule
LAWS REPEALED OR AMENDED BY SECTION 18
No. and year of law Short title Extent of amendment or repeal
Act 80 of 1976 Rent Control Act, 1976 The whole
Act 23 of 1989 Rent Control Amendment Act, 1989 The whole
Act 132 of 1993 General Law Fourth Amendment Act, 1993 Section 26
Act 95 of 1986 Sectional Titles Act, 1986 Section 53
Act No 95 of 1986 Sectional Titles Act, 1986 Section 10 (1) by the deletion of the words:
'or, in the case of a unit which is controlled
premises referred to in the Rent Control Act,
1976 (Act 80 of 1976), and is subject to the
provisions of that Act, within a period of 365
days, of the date of offer, or has, on the
expiration of any such applicable period, not
accepted the offer'