What can a rental agent ask a potential tenant?

Tyson Properties find themselves in hot water after an ex-employee and rental agent Gabriella Johnson’s responses to a potential tenant went viral over the last few days.

In the WhatsApp message exchange between Pol Osei and Johnson, she says the landlord is “race specific” and when Osei mentions that this is illegal and against the Constitution she responds with “cool”.

Furious, Osei took to social media to share the screenshots which have now gone viral, raising questions about estate agents and how they operate and most importantly, which clients they represent that perpetuate racism.

And while there has been coverage and written law about tenants and property owners, there is little info for those actually looking for a property as potential tenants.

The most basic right being that they cannot be discriminated against based on gender, race and religion, among others as laid out in chapter 2 section 9 (4) of the Constitution.

“When finding or looking for a property, tenants have the right not to be discriminated against,” explains Andrew Walker, founder and CEO of the SA Property Investors Network.

“Landlords should obey the laws of South Africa and stay away from discriminating in terms of race and gender. [Potential] tenants have a right to view a property before placing any deposits or signing any lease agreements [with a rental agent].”

They also have the right to know what the average water and utility rates are and if there’s any additional charges that need to be disclosed. Lastly, they can also request to disclose a defects list.

According to Walker, estate agents may ask for the following: “It normally depends on the capacity that the tenant would apply as but most of the time tenants would apply as employed and wanting to rent in their personal capacity.”

In this case, the agent would normally require them to complete an application form which requires various personal detail that would be used to validate their authenticity and ensure that they know who they’re dealing with.

The information is used to collect information from the credit bureaus while also checking whether the documents submitted actually belong to them (this is done to ensure no fraudulent applications slip through the cracks).

The agent may require:

• Three months’ bank statements (latest)
• Three months’ payslips (latest)
• Proof of address
• Copy of ID

If self-employed, then they would also require a letter from the would-be tenant’s accountant stating the tenant’s salary, company registration certificate, tax clearance certificate and six months’ bank statements.