Date updated: July 2022

For all your Rental Housing Tribunal answers, simply follow our guide below:

1. What type of complaints may be lodged with the Rental Housing Tribunal (“Tribunal”)?
2. What are the functions of the Tribunal?
3. How can a complaint be lodged at the Tribunal?
4. What happens after a complaint has been lodged with the Tribunal?
5. Can a landlord go to court instead of using the Tribunal?
6. How can LegalWise assist you?

1. What type of complaints may be lodged with the Rental Housing Tribunal (“Tribunal”)?

• A complaint about unfair practice may be lodged by a tenant or a landlord of a property (for example, a house, room or flat), for the following reasons:
  • Unacceptable living conditions, such as overcrowding or hygienic issues.
  • Insufficient maintenance or repairs of a property.
  • Not paying rent to the landlord.
  • Not refunding a deposit of the tenant.
  • Damage to a property (for example, a door of the landlord or a table of the tenant).
  • Eviction without a court order.
  • Disconnection of services (such as electricity) without a court order.
  • Non-compliance with the Rental Housing Act.
  • Not issuing a receipt or statements to a tenant in respect of payments made.
  • Discrimination by a landlord on the grounds of race, sex and so on, of a tenant.

2. What are the functions of the Tribunal?

• • The Tribunal’s functions include the following:
    • to receive and investigate complaints of landlords or tenants;
    • to resolve disputes between landlords and tenants through mediation and arbitration; and
    • to give advice and provide education to landlords and tenants about their rights and obligations.
  • The Tribunal’s services are free.

3. How can a complaint be lodged at the Tribunal?

• • Complete the prescribed forms available from the Tribunal.
  • Lodge the completed forms and the documents in support of the complaint with the Tribunal. This may be done in person, by post, by fax or by e-mail.
  • The documents in support of the claim may include: copies of the landlord or tenant’s identity document; written lease agreement, or the terms of the verbal lease agreement; proof of payment, if any; addresses of the tenant and the landlord; and contact details of the tenant and the landlord.
  • After a complaint has been lodged with the Tribunal and until the date of the Tribunal’s ruling the:
• landlord may not evict the tenant;
• tenant must continue to pay the rent; and
• landlord must continue to maintain and/or repair the property.

4. What happens after a complaint has been lodged with the Tribunal?

• The Tribunal will:
  • Investigate the complaint to establish whether there is a dispute between the landlord and tenant.
  • Try to resolve the dispute through mediation. The landlord and the tenant will be notified in writing of the mediation date and time. Where a mediation agreement was concluded, such mediation agreement must be made a ruling of the Tribunal. If the dispute cannot be resolved through mediation, it should be referred to arbitration (also referred to as a hearing).
  • Conduct an arbitration hearing; the landlord and tenant will be summoned to appear at the Tribunal on a certain date and time.
  • Decide on a just and fair ruling. The ruling of the Tribunal is binding on both the tenant and the landlord.
• If the landlord or tenant fails to comply with a ruling of the Tribunal, s/he may be convicted of an offence and sentenced to pay a fine, be imprisoned, or both.
• A ruling of the Tribunal is deemed to be an order of the Magistrate’s Court and may be taken on review to the High Court.

5. Can a landlord go to court instead of using the Tribunal?

• Yes, a landlord can go to court in order to claim arrear rent, but only if there is no unfair practice present. The court may refer a dispute back to the Tribunal, if it finds evidence of unfair practice.
• A landlord can also go to court for an eviction order; the Tribunal cannot make an order to evict a tenant.

6. How can LegalWise assist you?

Should you require an explanation of your rights on this topic, please contact your nearest LegalWise Branch, call, e-mail or WhatsApp us. For more information about our membership options visit our legal services page or visit our join now page.