What if you have a dispute with your landlord? A guide to the Housing Tribunal

If you and your landlord aren’t in agreement regarding your lease, it could lead to a messy situation where they don’t get paid, or you lose your deposit.

But did you know that there’s an organisation that assists with these kinds of matters? We have a look at what the Rental Housing Tribunal does and how you can bring your case to them.

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How does the Rental Housing Tribunal work?

According to Grant Smee, property entrepreneur and owner of Only Realty, the Rental Housing Tribunal (or the Tribunal) is a free service which is run by five members who have expertise in property management, residential rentals, and rental housing law.

“The intention of the Tribunal is to resolve disputes between landlords and tenants, to investigate complaints, seek resolution through mediation and arbitration, and to provide advice and education to landlords and tenants in terms of their obligations and rights,” says Smee.

“The complaining party, either the landlord or tenant, will lodge completed forms with the Tribunal via post, email, or in person, which should include supporting documents of the complaint. The Tribunal will then investigate to establish if there is in fact a dispute between Landlord and Tenant,” he explains.

Smee says that once a dispute has been established, a mediation hearing will be scheduled.

“If this fails to resolve the issue, an arbitration hearing will be scheduled, where the ruling of the hearing will be binding on both landlord and tenant. A ruling of the Tribunal is deemed to be an order of the Magistrates Court and may only be taken on review to the High Court,” says Smee.

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According to Saeef Khan, candidate attorney at Bruno Simao Law, the Tribunal covers a vast number of issues, including but not limited to:

• Failure to refund deposits
• Failure to upkeep the property
• Lease disputes
• Unlawful seizure of a tenant’s possessions
• Invasion of privacy
• Damage to property

“The Tribunal provides a means of relief to a distressed landlord or tenant,” says Khan.

How to get your case investigated

According to Charles De Meillon, candidate attorney at Gillan & Veldhuizen Inc, any tenant, landlord, or concerned person may lodge a complaint with the Tribunal relating to an unfair practice.

He explains that once this has been lodged, the parties must receive a reference number from the Tribunal within 14 days. This process is designed to be very approachable, focussing on dispute resolution rather than the costly and daunting process of litigation.

De Meillon offers the following practical guide to working through the Tribunal:

1. Complete the General Complaint Form.
2. If a special form is applicable, complete and annex to the general form. Refer to the “contents” section at the bottom of the page of the above link.
3. Submit the form together with a copy of the lease agreement and any invoices for deductions made from the deposit to disputes@westerncape.gov.za or physically at 27 Wale Street, Cape Town, 8001, or by post to Private Bag X9083, Cape Town, 8000.

“It’s crucial to familiarise yourself with the lease and to ensure that all of the provisions comply with the applicable legislation. You should also ascertain if there are any sections that you don’t understand fully, which may have the potential to prejudice you,” warns De Meillon.

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