Resolving rental disputes
IN LAST month’s column, I dealt with the remedy available to a landlord or tenant to address the breach of a lease agreement by the other party at the Rental Housing Tribunal.
This article is written to familiarise the lay person with the procedure adopted by the tribunal.
It is an independent statutory body created by Parliament to resolve disputes between landlords and tenants.
The primary function of this body is to create and promote stability by means of conflict resolution for disputes arising from unfair practices in the residential housing sector.
Lodging a complaint with the tribunal carries no cost for either of the disputing parties.
Further, the proceedings do not require the parties to hire legal representation.
The method of lodging a complaint is by filling out the prescribed complaint forms available at the tribunal office and at the Rental Housing Information office.
When the forms are submitted, you must attach a copy of your identity document or passport, the lease agreement, proof of payment of the rental, the physical address and contact number of both the landlord and the tenant.
You can either deliver the forms personally to either of the above-mentioned offices or send it through via email, fax or post.
It is recommended you deliver the forms personally to guarantee that your complaint has been lodged with the tribunal.
The process (from lodging of a complaint to the ruling of the tribunal) usually takes about three months.
The procedure followed is broken up into six steps which are as follows:
Step 1: A file is opened by the tribunal detailing the particulars of the complaint and the details of the parties involved.
Step 2: A formal letter is sent to all the parties involved with the specifics of the complaint that has been lodged.
Step 3: The tribunal will conduct a preliminary investigation into the particulars of the complaint in order to determine whether the complaint falls within the scope of unfair practices.
Step 4: A mediation is scheduled, the parties will be called in to mediation proceedings to try to resolve the issues in dispute. If no resolution or agreement is reached, the matter will then be referred to a tribunal hearing, also known as arbitration.
Step 5: Arbitration takes place and the tribunal will evaluate all the evidence and reach a decision or give a ruling, which is binding on all the parties involved.
Step 6: The ruling by the tribunal is considered a judgment by the Magistrate’s Court and is enforced in terms of the Magistrate’s Court Act 32 of 1944.
The tribunal also has the authority to impose fines and/or imprisonment on any offending party who has contravened the proceedings, supplied the tribunal with false statements or false documentation and who fails to comply with a request or ruling of the tribunal.
After the completion of the proceedings (Step 6), if either of the parties are dissatisfied with the outcome or ruling of the tribunal, that party can approach the tribunal for a review.
After the review has been conducted and completed, if a party is still dissatisfied, the party may take the matter up for review in a High Court, which has jurisdiction over the matter.
The contact details of the various renal housing tribunals are set out below for your benefit.
NORTH WEST: 2386 Robert Sobukwe Drive, Unit 1, Mbatho. Call 018 384 6201 or 018 387 6056.
JHB EAST: 1066 Corner Harrison, Pritchard Street, Johannesburg, 2000. Call 011 630 5035.
PRETORIA: Room 215, Sanlam Plaza East, 285 Schoeman Street, Pretoria. Call 012 358 4403 or fax 012 358 4299.
CENTURION: Room C1 1st Floor, 260 Basson Avenue, Lyttelton, Centurion. Call 012 358 3898 or 012 358 4299.
KZN: Toleram House 2, Aliwal Street, Durban, 4000. Call 031 336 5300 or 031 336 5226.
WESTERN CAPE: Ground Floor, 27 Wale Street, Cape Town, 8000. Call 021 483 9494 or fax 021 483 3511.
Tymara Samuel works at attorneys Siven Samuel & Associates.