Understanding the Rental Housing Tribunal and How It Can Help You

The Rental Housing Tribunal is a statutory body established under the Rental Housing Act, 1999 (Act 50 of 1999) to provide a fair and accessible platform for resolving disputes between landlords and tenants. It functions as an alternative to the courts, ensuring that rental disputes are settled efficiently and at no cost to the parties involved. The Tribunal plays a crucial role in upholding tenants' and landlords' rights, promoting compliance with lease agreements, and preventing unfair rental practices.

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.

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:

1. Complete the Complaint Form

   • Forms are available at the Tribunal’s office or online.

   • Ensure that all required fields are filled in accurately.

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. 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.

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.

   
   

Types of Disputes the Tribunal Handles

The Tribunal has the authority to address a wide range of disputes, including but not limited to:

• 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.

• 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 or address unhygienic living conditions.

• 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.

What Happens After Lodging a Complaint?

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

1. Assessment and Case Number Allocation

   • The Tribunal evaluates whether the case falls under its jurisdiction.

   • A case reference number is assigned.

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.

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.

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.

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.

Need Legal Assistance?

While the Rental Housing Tribunal is a great platform for resolving disputes, some cases may require legal guidance. At Gittins Attorneys Inc., we specialize in landlord-tenant disputes and can assist with:

• Drafting and reviewing rental agreements

• Advising on rental disputes and Tribunal procedures

• Representing clients in court-ordered evictions

• Enforcing Tribunal rulings

If you need professional legal advice or assistance with a rental dispute, contact Gittins Attorneys Inc. today for expert guidance.