In this basic guide, we take a closer a look at some of the most important aspects tenants need to bear in mind when renting a home in South Africa. It is easy to be taken advantage of when you are ignorant. They help tenants and owners to act lawfully and treat each other with due respect. Listen. Treating your tenants fairly; While landlords have rights, so do their tenants. The key, of course, is knowing your rights when facing an eviction. land and rights in land by labour tenants; and to provide for matters connected therewith. However, there are some differences: On 23 March 2020, the President of South Africa issued a statement informing the public that a nationwide lockdown would be enacted in terms of the Disaster Management Act, 2002. Rental agencies also have access to a database of reputable potential tenants. Under South African law, a landlord is entitled to put their property up for sale at any time, but that doesn’t mean that tenant rights and obligations are automatically forfeited. South African property law regulates the "rights of people in or over certain objects or things." 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. Photo: Zoë Postman. Regular communication and good knowledge of both parties’ rights could assure a … Practical guidelines for tenants, landlords, landladies, estate agents, Rental Housing Tribunals, lawyers and students on the rights, duties and responsibilities of tenant and landlord of Each process has different requirements and conditions. Rentals in South Africa are crucial for the survival of the economy as well as for the safety of all citizens. Information on the rights and obligations of people who rent residential property from a landlord or letting agent. Landlords and tenants alike should understand the regulations applicable to tenant evictions during the National State of Disaster. Many tenants are of course finding it hard to meet their monthly rental commitments, whilst landlords still have to fund their ongoing expenses and will be keen to be rid of problem tenants preventing them from doing so. Rights of housing association tenants. If your landlord takes your possessions without a court order, it's theft and you should contact the South African Police and lodge a complaint with the Rental Housing Tribunal. With the news recently in that Eskom will be hiking electricity tariffs by 15.63% from April, commercial and retail tenants will be bracing for increased strain on already tightly stretched budgets. Sections 53 and 54 in this new chapter, dealing with “Eviction” and “Rental Housing”, makes for interesting reading. Frequently Asked Questions for Tenants. WHEREAS the present institution of labour tenancy in South Africa is the result of racially discriminatory laws and practices which have led to the systematic breach of human rights and denial of access to land; Below are answers to Frequently Asked Questions (FAQs) about a Landlord’s Rights and Obligations in South Africa. Spoliation Orders and Tenant’s Rights in South Africa. Here are the key points of concern. because of force majeure but each matter must be considered on its own merits. new rules for landlords and tenants under level 2 lockdown To regulate our behaviour under Level 2 of our lockdown, chapter 5 was added to the current lockdown regulations on 16 August 2020. South Africa: Coronavirus (COVID-19) lockdown | do tenants have an obligation to pay rent? Tenants responsibilities in case of a flood. The law also gives tenants a place to turn to, if they are mistreated by their landlords, known as the Rental Housing Tribunal. This means that as a landlord you must comply with the conditions outlined in the Rental Housing Act, including: Respecting the tenant’s right to privacy, Not unfairly discriminating, Abiding by the terms of the rental contract, Ask for a Lease Agreement in Writing. A tenant who feels that he is not being treated lawfully or fairly may approach the Rental Housing Tribunal. The balance of rights is essential. Tenants have rights with or without a written lease. The following is an overview of tenants' rights, with links to corresponding FindLaw articles. What rights do landlords and tenants have in South Africa, especially as to duration of contract, and eviction? Landlord Eviction Rights and Obligations FAQs. By Eviction Lawyers South Africa Mar 15, 2020 Evictions, Lease Agreement. As with any damage situation, tenants also have responsibilities. There are 3 possible tenant eviction processes that can be followed. The first step to protecting your rights, however, is to understand what these rights are. It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. It is important to understand all your tenants' rights in South Africa if you are to avoid getting exploited or harassed. The book for residential tenancies and the Rental Housing Act. If the tenant remains in the unit after the end of the fixed term with the express or tacit consent of the landlord… If you are renting from a housing association, a co-operative or similar voluntary organisation (known as approved housing bodies or AHBs) your tenancy comes under the residential tenancies legislation and you have most of the same rights that private tenants have. The amount of control the landlord has over his property, measured on a five-point rating scale: Strongly Pro-landlord = 2 It is imperative for both a Landlord and the Tenant to know the Tenant’s rights in the South African context and not just the Landlord’s rights and obligations, because: The Landlord will know when a Tenant is overstepping his/her rights. Evictions happen in cities and rural areas across South Africa every year. With millions of serious buyers and renters browsing www.privateproperty.co.za monthly, we're SA's favourite property portal. Tenants at a property in Bramley have been unable to pay their rent since lockdown. Lew Geffen Sotheby’s International Realty explains the tenant and landlord’s rights and responsibilities in terms of current legislation in South Africa Through utilising such services, potential defaulters and undesirable would-be tenants can be skirted straight off the bat. Until aspects of the Act are tested in court, landlords are advised to proceed cautiously. Like it is for many other things, most people are oppressed because they are unaware of their own rights. Landlords and tenants are required to apply the principals of Ubuntu and see the other party as a human being and then make the decisions with regards to the rental journey with that in mind. Tenants’ Rights and Eviction in South Africa Within the government’s published regulations in terms of the Disaster Management Act: Regulations - Alert level 1, provisions were made to discourage demolitions of residences and further cushioned tenant rights against evictions during this time. Protecting tenants’ rights The Rent Strike South Africa campaign is primarily an online social-media project that provides educational material about the rights of tenants during the lockdown. Landlords and tenants are required to apply the principals of Ubuntu and see the other party as a human being and then make the decisions with regards to the rental journey with that in mind. Many agencies also offer rental property inspections and, should a tenant default, will usually take action far quicker than landlords. Selling a rental with a tenant in residence isn’t always an ideal situation, but the laws and processes in place are designed to treat all parties as fairly as possible. The Consumer Protection Act appears to be "lopsided" in favour of tenants. The landlord cannot prematurely end a fixed-term lease. South Africa– Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. Your arrangement with your tenant is not working out, and you’ve reached the point where you are considering eviction. While tenants with limited incomes often have few choices for housing and are willing to live with certain hassles, a tenant's rights are non-negotiable. What types of evictions can a landlord use? An award-winning events agency, specialising in creative mall experiences for some of the major shopping centres in South Africa. And while the law is on the side of landlords to claim arrears and cancel lease agreements, it also protects tenants from illegal removals. Of course, these measures only apply to small floods most likely cause be internal damage, not natural disaster. As the person on spot, you should do your best to limit the damage to the first affected room or area. A Tenant’s Rights in South Africa – Why Should the Landlord Care? Rentals in South Africa are crucial for the survival of the economy as well as for the safety of all citizens. Tenants, in turn, bind themselves in the lease agreement to pay a rental amount as compensation for that use and enjoyment. The balance of rights is essential. South African law makes provision for unforeseen events out of the reasonable control of both the tenant and the landlord i.e. The proposed amendment of section 25 of the Constitution of the Republic of South Africa, 1996, to, explicitly, allow for the expropriation of property without compensation has received more than 200 000 written submissions received. South African Law requires that landlords that are in dispute with their tenants must approach the courts for assistance and cannot take matters into their own hands. South Africa: Landlord and tenant laws.
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