RENTAL HOUSING ACT
NO. 50 OF 1999

[ASSENTED TO 9 DECEMBER, 1999]
[DATE OF COMMENCEMENT: 1 AUGUST, 2000]

(English text signed by the President)

This Act has been updated to Government Gazette 31051 dated 13 May, 2008.

  

as amended by Rental Housing Amendment Act, No. 43 of 2007

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;

ARRANGEMENT OF SECTIONS

CHAPTER 1
INTRODUCTORY PROVISIONS
1.	Definitions
CHAPTER 2
PROMOTION OF RENTAL HOUSING PROPERTY
2. Responsibility 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. . . . . . .
20. Short title and commencement
Schedule
Laws repealed or amended by section 18

CHAPTER 1
INTRODUCTORY PROVISIONS

1.   Definitions.—In this Act, unless the context otherwise indicates—
“arbitrary eviction” refers to depriving a tenant of occupation of a dwelling, without an order of court made after considering all the relevant circumstances.
“dwelling”, includes any house, hostel room, hut, shack, flat, apartment, room, outbuilding, garage or similar structure which is leased, as well as any store-room, 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 No. 94 of 1990);
“head of department” means the officer in charge of a department of the provincial government responsible for [housing] Human Settlements 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;
“local municipality” means a municipality as defined in the Local
Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);
 “maintenance” for purposes of the Rental Housing Act, 1999 (Act No. 50 of 1999) refers to such repairs and upkeep as may be required to ensure that a dwelling’s habitability does not constitute an unfair practice, more specifically, unacceptable living conditions and “maintain” has a corresponding meaning;
 “MEC” means the member of the Executive Council of a province responsible for housing matters;
“Minister” means the Minister of [Housing] Human Settlements;
 “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] municipality 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)	any act or omission by a landlord or tenant in contravention of this Act; or
(b)	a practice prescribed as a practice unreasonably prejudicing the rights or interests of a tenant or a landlord.
[Definition of “unfair practice” substituted by s. 1 of Act No. 43 of 2007.]

CHAPTER 2
PROMOTION OF RENTAL HOUSING PROPERTY

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 urban 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[.]; and
(e)	provide legal mechanisms to protect the rights of tenants and landlords against illegal actions by the other party by affording speedy means of redress.
(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.
(5)	The Minister must –
(a)	monitor and assess the impact of the application of this Act on poor and vulnerable tenants; and
(b)	take such action as he or she deems necessary to alleviate hardships that may be suffered by such tenants.
(6)	For purposes of section (5), the Minister may define criteria based on age, income, or other form or degree of vulnerability that apply to such tenants or group of tenants and amend or augment the policy framework on rental housing, referred to in section (3) in such a manner as he or she sees fit.

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 No. 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 No. 107 of 1997), does not apply to any amount appropriated by Parliament for purposes of such programme.
(5)	National Government must develop and fund programmes to train members of the Tribunals and officials appointed in terms of section 14(2).
(6)	Provincial Government must financially assist local municipalities not yet on level three accreditation, in establishing Rental Housing Information Offices as contemplated in section 14.

CHAPTER 3
[RELATIONS BETWEEN] RIGHTS AND OBLIGATIONS OF TENANTS AND LANDLORDS

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 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.
[Sub-s. 1 substituted by s. 2 (a) of Act No. 43 of 2007.]
[(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 a law of general application and having first obtained a ruling by a Tribunal or an order of court; or
[Para. (c) substituted by s. 2 (b) of Act No. 43 of 2007.]
 (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 visitors of the tenant.
[Sub-s. (4) substituted by s. 2 (c) of Act No. 43 of 2007.]
 (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 [a ruling by the Tribunal or] 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.]

4A.	Rights and obligations of Tenants. – (1) Tenants shall have the right to receive a written receipt from the landlord for all payments received by the landlord from the tenant the landlord, which receipt must –
(a)	be dated;
(b)	clearly indicate the address, including the street number and further description, if necessary, of a dwelling in respect of which payment is made;
(c)	whether payment has been made for rental, arrears, deposit or otherwise; and
(d)	specify the period for which payment is made:
Provided that a Tribunal may, in exceptional cases, and on application by a landlord, exempt the landlord from providing the information contemplated in this paragraph.
(2)	Tenants may request the landlord during the period of the lease to provide him or her with written proof in respect of interest accrued on a deposit paid.
(3)	On the expiration of the lease, tenants have the right to receive payment of the deposit and interest without any deduction or set-off, within seven days of expiration of the lease: Provided that where the tenant –
(a)	is liable to the landlord for any amounts 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, the landlord may deduct such amounts and refund the balance of the deposit and interest to the tenant not later than 14 days of restoration of the dwelling to the landlord; or
(b)	fails to make him or herself available for an inspection as contemplated in section (6), the landlord may deduct any amounts to recover any damages or loss which occurred during the tenancy and refund the balance of the deposit and interest to the tenant not later than 21 days of restoration of the dwelling to the landlord.
(4)	Tenants have the right to inspect the relevant receipts which indicate the costs which the landlord incurred, as contemplated in section (3) as proof of such costs incurred by the landlord.
(5)	Tenants have a right to, in the presence of the landlord and before the tenant moves into the dwelling, have the dwelling inspected to –
(a) 	determine the landlord’s responsibility for rectifying any defects or damage; and
(b) 	register any defects or damage, as provided for in section 5(7).
(6)	At the expiration of the lease the tenant must make him or herself available to conduct a joint inspection of the dwelling at a time convenient to the landlord and tenant 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. Provided that –
(a)	failure by the landlord to inspect the dwelling in the presence of the tenant as contemplated in section (6) 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; or
(b)	failure by the tenant to respond to the landlord’s request for an inspection as contemplated in section (6), will result in the landlord conducting an inspection without the tenant present after which the landlord may deduct any damages or loss which occurred during the tenancy in terms of section (3)(b);
(7)	A tenant has the right, during the lease period, to privacy, and should the landlord wish to exercise his or her right of inspection it must be done in a reasonable manner after reasonable notice to the tenant.
(8)	Tenants 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 a law of general application and having first obtained a ruling by a Tribunal or an order of court; or
(d)	the privacy of his or her communications infringed.
(9)	The rights set out in subsection (8) apply equally to members of the tenant’s household and to visitors of the tenant.
(10)	Tenants are liable for rental and other costs agreed on in the lease upon the due date, but for costs other than those agreed to in the lease tenants are only liable upon proof of factual expenditure by the landlord.
4B.	Rights and obligations of Landlords. – (1) Landlords shall have the right to apply to a Tribunal for an exemption to provide a written receipt as contemplated in section 4A(1).
(2)	A landlord may require a tenant, before moving into the dwelling, to pay a deposit which –
(a)	may not exceed an amount equivalent to an amount specified in the agreement or otherwise agreed to between the parties;
(b)	must be invested by the landlord in an interest-bearing account with a financial institution: Provided that the rate applicable to such account may not be less than the rate applicable to a savings account with that financial institution; and
(c)	must subject to sections (4) or (7) be repaid to the tenant with such interest at the rate applicable to such account on the expiration of the lease as contemplated in sections (4) or (7);
(3)	Upon request from the tenant during the period of the lease, the landlord must provide him or her with written proof in respect of interest accrued on the deposit referred to in section (2): Provided that where the landlord is a registered estate agent as provided for in the Estate Agency Affairs Act, 1976 (Act No. 112 of 1976), the deposit and any interest thereon shall be dealt with in accordance with the provisions of that Act.
(4)	On the expiration of the lease, the landlord –
(a)	must, where no amounts are due and owing to the landlord in terms of the lease, the deposit, together with the accrued interest in respect thereof, refund to the tenant, without any deduction or set-off, within seven days of expiration of the lease;
(b)	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; and
(c)	must make available to the tenant for inspection the relevant receipts which indicate the costs which the landlord incurred as contemplated in section (4)(b) as proof of such costs incurred by the landlord.
(5)	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 section 5(7).
(6)	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: Provided that –
(a)	failure by the landlord to inspect the dwelling in the presence of the tenant as contemplated in section (6) 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; or
(b)	should the tenant fail to respond to the landlord’s request for an inspection as contemplated in section (6), 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;
(7)	The landlord, in the circumstances contemplated in section (6)(b), without detracting from any other right or remedy of the landlord –
(a)	may deduct from the tenant’s deposit and interest the reasonable cost of repairing damage to the dwelling and the cost of replacing lost keys;
(b)	must refund the balance of the deposit and interest, if any, after deduction of the amounts contemplated in paragraph (a), to the tenant not later than 21 days after expiration of the lease;
(c)	must make available the relevant receipts which indicate the costs which the landlord incurred, as contemplated in paragraph (a), to the tenant for inspection as proof of such costs incurred by the landlord.
(8)	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.
(9)  Landlords may inspect the dwelling during the course of the lease, but in doing so must respect tenants right to privacy during the lease period and may only exercise his or her right of inspection in a reasonable manner after reasonable notice to the tenant.
(10)  Landlords’ rights against tenants include his or her right to—
(a)	prompt and regular payment of 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 where the tenant fails or refuses to make payment on demand, 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)	have the tenant vacate the property immediately upon expiration of the lease and to receive the rental housing property in a good state of repair, save for fair wear and tear; and
(ii)	where the tenant fails or refuses to vacate the dwelling, repossess the 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.
(11)	Landlords must ensure that the provisions of sections 5(6), (7) and (8) regarding the lease are complied with.
(12)	Landlords must maintain the structure of and provision of utilities to the dwelling.

5.   Provisions pertaining to leases.—(1)  A lease between a tenant and a landlord, [subject to subsection (2), need not] must be in writing [or] but will not be subject to the provisions of the Formalities in Respect of Leases of Land Act, 1969 (Act No. 18 of 1969).
(2)  A landlord must[, if requested thereto by a tenant,] reduce the lease to writing and must ensure that it contains the information set out in section (6).
(3)  A lease will be deemed to include terms, enforceable in a tribunal or competent court, [to the effect that—] setting out the rights of tenants and landlords referred to in sections 4A and 4B.
[(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: Provided that a Tribunal may, in exceptional cases, and on application by a landlord, exempt the landlord from providing the information contemplated in this paragraph;
[Para. (b) substituted by s. 3 (a) of Act No. 43 of 2007.]
(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 such interest at the rate applicable to such account which may not be less than the rate applicable to a savings account with that 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 No. 112 of 1976), the deposit and any interest thereon shall be dealt with in accordance with the provisions of that Act;
[Para. (d) amended by s. 3 (b) of Act No. 43 of 2007.]
 (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;
(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; and
(p)	any costs in relation to contract of lease shall only be payable by the tenant upon proof of factual expenditure by the landlord.
[Para. (p) added by s. 3 (c) of Act No. 43 of 2007.] ]
(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: Provided that a street address will be sufficient;
(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;
(fA)	a statement acknowledging the rights and obligations of the tenant and landlord in terms of sections 4A, 4B and the regulations relating to unfair practice;
(g)	any other obligations of the tenant and the landlord, [which must not detract from the provisions of subsection (3)] not set out in sections 4A, 4B or the regulations relating to unfair practice;
(h)	identification and 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)] sections 4A(5) and 4B(5)  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

6.   Application of Chapter.— This Chapter applies to all provinces in the Republic of South Africa.

7.   Establishment of Rental Housing Tribunals.— [The] Every MEC [may] must within the first financial year following on the commencement of the Rental Housing Amendment Act, 2012, 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] Membership of Tribunal.—(1)  The Tribunal consists of [not less than three and not more than five] seven 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] six 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; and [.]
(iii)	 two shall be persons with legal qualifications.
(c)	. . . . . .
[Para. (c) deleted by s. 4 (a) of Act No. 43 of 2007.]
 (1A)  The MEC must appoint a deputy chairperson from the members referred to in subsection (1) (b).
[Sub-s. (1A ) inserted by s. 4 (b) of Act No. 43 of 2007.]
(1B)	The members of the Tribunal must be broadly representative in terms of gender, race and [people with disabilities] disability.	
(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] Human Settlements matters in the province.
(3)  The MEC may appoint [two] up to six persons to serve as alternate members of the Tribunal in the absence of any member referred to in paragraphs (b)(i), (ii) and (iii)   of subsection (1) respectively, but such persons must have the relevant expertise contemplated in paragraphs (b)(i), (ii) and (iii) of subsection (1) respectively.
(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 re-appointed by the MEC for an additional period not exceeding three years.
(4A)	A person appointed referred to in subsection (4) may not serve for more than two consecutive terms.
(4B)	Succession plans must be adopted and must provide for replacement of members in such a manner that, for the sake of continuity, all members are not replaced at once.
(4C)	Where members already appointed at the time of commencement of the Rental Housing Amendment Act, 2012, have already served two consecutive terms, the succession plan must provide for replacement of such members over an eighteen months period to ensure continuity. 
(5)  (a)  Any vacancy in the office of a member of the Tribunal must, within three months of such vacancy occurring, be filled by the MEC appointing another member under subsection (1) or (3).
[Para. (a) substituted by s. 4 (c) of Act No. 43 of 2007.]
 (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] must meet on such days and during such hours and at such place as the chairperson of the Tribunal may determine after consultation with other members of the Tribunal.
(1A)	The Tribunal may, subject to sections 10(2B) and 10(5), arrange two simultaneous meetings in different [geographical] areas for purposes of effective functioning.
(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.
(2A)  The Chairperson presides at all meetings of the Tribunal.
[Sub-s. (2A) inserted by s. 5 of Act No. 43 of 2007.]
(2B)  Where the Chairperson is not present at a meeting, the Deputy Chairperson presides or, if the Deputy Chairperson is not present, the members of the Tribunal present must appoint from amongst themselves a member to preside at such a meeting.
[Sub-s. (2B) inserted by s. 5 of Act No. 43 of 2007.]
(3)  A local [authority] municipality 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 members appointed in terms of
(a)	section 9(1)(b)[(i) and (ii), respectively](iii); and
(b)	section 9(1)(b)(i) or (ii).’’;
(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 this Act;
[Para. (a) substituted by s. 6 (a) of Act No. 43 of 2007.]
 (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] municipality;
(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 amongst others—
(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] municipality 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.
[(10A) ]
(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] The Tribunal must within 30 days of receipt of a complaint, refer any matter that relates to evictions to a competent court.
(12)  The Tribunal may—
(a)	make a ruling as to costs as may be just and equitable;
(b)	where a mediation agreement has been concluded pursuant to section 13 (2) (c), make such an agreement a ruling of the Tribunal[; and]
(c)	issue spoliation and attachment orders and grant interdicts[.];
[Para. (c) added by s. 6 (b) of Act No. 43 of 2007.]
(d)	subject to section (5), make a ruling to compel payment of rent as described and contracted to in a lease and arrear rentals; and
(e)	in respect of any matter over which it has jurisdiction, make any order necessary to give effect to this Act.
(12A) The Tribunal may, acting on its own accord or on application by any affected person, rescind or vary any of its rulings if such rulings—
(a) 	were erroneously sought or granted in the absence of the person affected by it;
(b) 	contain an ambiguity or patent error or omission, but only to the extent of clarifying that ambiguity or correcting that error or omission; or
(c) 	were granted as a result of a mistake common to all parties to the proceedings.
(12B) The Tribunal may act on its own accord when it is supplementing accessory or consequential matters, including:--
(a)	costs orders;
(b)	altering an order for costs where it was made without hearing the parties
(c)	interest on ruling debts; 
(d)	clarification of a ruling so as to give effect to the Tribunal’s true intention; 
(e)	correcting clerical, arithmetical or other errors in its ruling:
Provided that any substantive change to a ruling must be made within 14 days of the ruling being made.
(12C) An application for rescission or variation must be brought within 14 days of the ruling being received by the affected person.
(13)  A ruling by the Tribunal is deemed to be an order of a magistrate’s court in terms of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), and is enforced in terms of that Act.
[Sub-s. (13) substituted by s. 6 (c) of Act No. 43 of 2007.]
 (14)  The Tribunal does not have jurisdiction to hear applications for eviction orders.
[Sub-s. (14) added by s. 6 (d) of Act No. 43 of 2007.]

14.   Information Offices.—(1)  [A] Every local [authority] municipality [may] must establish a Rental Housing Information Office to advise tenants and landlords [in] with regard to their rights and obligations in relation to dwellings within [the
area of such local authority’s] its area of jurisdiction: Provided that local municipalities [not yet accredited to level three] may combine the functions of the Rental Housing Information Office with an existing office.
(2)  [A] Every local [authority] municipality may, subject to the laws governing the appointment of local government officials, appoint or designate 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.

CHAPTER 5
GENERAL PROVISIONS

15.   Regulations.—(1)  Subject to section (3), [T]the Minister [must] may make regulations, after consultation with the [standing or portfolio on housing] relevant parliamentary committees and every MEC, by notice in the Gazette, [make regulations] relating to—
(a)	anything which may or must be prescribed under [Chapter 4] this Act;
(b)	the procedures and manner in which the proceedings of the Tribunal must be conducted, including circumstances and process for submitting an appeal;
(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;
(iv)	. . . . . .
[Sub-para. (v) deleted by s. 7 (b) of Act No. 43 of 2007.]
 (vi)	forced entry and obstruction of entry;
(vii)	House Rules, subject to the provisions of the Sectional Titles Act, 1986 (Act No. 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; and
(xvi)	reconstruction or refurbishment work; [or]
(fA)	circumstances that will be regarded as urgent for purposes of section 13(10); 
(fB)	norms and standards [per identified geographical areas] that are aligned to the policy framework set out in section 2(3), related to [rent in relation]:
(i)	terms and conditions of the lease, specifically in relation to fairness and protection of the weaker contract party;
(ii)	safety, health and hygiene;
(iii)	basic living functions including access to basic amenities;
(iv)	size;
(v)	overcrowding; and
(vi)	affordability:
Provided that such norms and standards may be set per geographical area;
(fC) 	the offences referred to in section 16; and
 (g)	anything which is necessary to prescribe in order to achieve the purposes of this Act.
[Sub-s. (1) amended by s. 7 (a) of Act No. 43 of 2007.]
 (2)  At least one month prior to the publication of any regulations contemplated in subsection (1), the Minister must by notice in the Gazette set out the Minister’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.
[Sub-s. (2) substituted by s. 7 (c) of Act No. 43 of 2007.]
(3)	The Minister must issue regulations as contemplated in section 1(b), (f), (fA) and (fB) within 12 months of the commencement of the Rental Housing Amendment Act, 2012.

[CHAPTER 5
GENERAL PROVISIONS]

16.   Offences and penalties.—Any person who—
(a)	fails to comply with sections 4 or 5(2) [or (9)];
(aA)	wilfully or grossly negligently interferes with the rights of the tenant and landlord set out in sections 4A(1), (3), (7), (8) and (9)  and sections 4B(9), (10)(b), (10)(c) and (10)(d)(i);
(aB)	wilfully or grossly negligently fails to fulfil his or her obligations as landlord in terms of sections 4B(2)(c) and (12) respectively;
(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);
(hA)	unlawfully locks out a tenant or shuts off the utilities to the rental housing property; or
[Para. (hA) inserted by s. 8 of Act No. 43 of 2007.]
(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.   Appeal and Review.— (1) Without prejudice to the constitutional right of any person to gain access to a court of law[, the proceedings of a Tribunal may] – 
(a)	an application to appeal the ruling of the Tribunal may be submitted to the Tribunal within 21 days after notice of the ruling was received by the person intending to file an application for appeal; and
(b)	the proceedings of a Tribunal, including appeal proceedings, may be brought under review before the High Court within its area of jurisdiction.
(2) 	The members of the Tribunal who made the ruling may not hear the appeal, and where necessary the Chairperson must appoint alternate members in terms of section 9(3) to hear the appeal.
(3)	The Minister must prescribe –
(a)	the circumstances under which an application for an appeal may be submitted; and
(b)	the procedure to submit an appeal, which may include first obtaining consent to appeal from the members of the Tribunal who made the ruling.

18.   Repeal and amendment of laws.—The laws specified in the Schedule are repealed or amended to the extent indicated in that Schedule.

19.   . . . . . .
[S. 19 repealed by s. 9 of Act No. 43 of 2007.]

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 No. 80 of 1976	Rent Control Act, 1976	The whole	
Act No. 23 of 1989	Rent Control Amendment Act, 1989	The whole	
Act No. 132 of 1993	General Law Fourth Amendment Act, 1993	Section 26	
Act No. 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 No. 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”.