Understand how South African landlords and tenants protect their rights

Did you know that landlords and tenants alike have clearly established rights and obligations under common law and the Rental Housing Act in South Africa?

If your answer was no, don’t sweat because we’ve got you covered with all that you’d ever want to know before signing that lease agreement.

What are the landlord’s rights and obligations?

• It is rather simple; the landlord has the right to receive his full rent on time and to recover his property undamaged at the end of the lease.
• They may gain access to the property but with reasonable notice and at reasonable hours, being respectful of the privacy of the tenant.
• Landlords are allowed to terminate a lease when the tenant breaches the terms of the agreement under the right legal process.
• The property has to be maintained by the landlord and remain in good condition, especially in the case of repairs that relate to health and safety concerns.
• A landlord should also make sure the tenant can peacefully enjoy the property.
• There must be an ingoing as well as an outgoing inspection with the tenant.
• All deposits must be paid back to the tenant, unless there are legally permissible deductions for damages caused by the tenant.

What are the tenant’s rights and responsibilities?

• A tenant has the right to a safe and habitable property and their privacy.
• A landlord may not just enter a property without proper notice and consent, nor can they discriminate unfairly against the tenants.
• A tenant must pay their rent on time, keep the property in a good condition and comply with the lease terms, report damages or issues, and allow the landlord access for regular inspections and repairs with the appropriate notice.

How to resolve a dispute the right way:

Disputes between a landlord and a tenant are usually settled through the Rental Housing Tribunal, which offers mediation and arbitration.

When a dispute cannot be resolved through the tribunal, legal action may then be necessary.

ALSO READ: Tips for first-time landlords

The news provided to you in this link has been investigated and compiled by the editorial staff of the Newcastle Advertiser, a sold newspaper distributed in the Newcastle area. Please follow us on Youtube and feel free to like, comment, and subscribe. For more local news, visit our webpage, follow us on Facebook and Twitter, and request an add on our WhatsApp (082 874 5550).