The Herald (South Africa)

Rental act changes call for expert’s eye

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SOME amendments to the Rental Housing Act that are about to be passed by parliament will make it all the more necessary for residentia­l landlords to seek profession­al help to manage their properties.

That’s the word from Andrew Schaefer, MD of leading national property management company Trafalgar, who says the amendments will mean, for example, that every property lease has to be in writing and has to be correctly drafted to comply with certain statutory requiremen­ts as regards landlord and tenant rights and responsibi­lities.

“This alone is a departure from the current act, which says a lease only needs to be in writing if the tenant requires it and which has led to many thousands of tenants and landlords, especially in informal housing settlement­s, living without any legal document stipulatin­g what their respective rights and responsibi­lities may be.”

Most landlords do not have the know-how to draft a fully compliant lease themselves nor the time to handle the many other tasks imposed by the Rental Housing Act, Schaefer says. “These include issuing of detailed receipts for every payment made by the tenant, management of deposits and proof of the interest earned on these deposits as well as receipts for damages repaired, and the organisati­on of inspection­s every time a tenant moves in or out.”

In order to comply with the amendments, landlords will need help from profession­al rental property managers with access to standardis­ed documentat­ion, automated administra­tion systems and advice from specialist attorneys.

The Rental Housing Amendment Bill, due to be enacted later this year, will also make it mandatory for landlords to provide tenants and their households with safe, weatherpro­of accommodat­ion of adequate size, to keep the property in a state of good repair and, where possible, “to facilitate provision of utilities”. Schaefer says this clause is obviously intended to prevent people from letting backyard structures that violate most building and planning regulation­s. “But it also applies to landlords in the formal sector, and it

Increased regulation will result in an increased burden that will largely fall on landlords

holds the potential for serious disputes if their tenants and properties are not regularly monitored and inspected by profession­al rental property managers”. And speaking of disputes, he says, one excellent aspect of the new law is that it will make it mandatory for every local authority to establish a rental housing informatio­n office, and for every province to establish a rental housing tribunal, as opposed to the current arrangemen­t where this function is left to the provinces to decide. “This will give many more landlords and tenants access to impartial advice and assistance when it comes to resolving disputes.”

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THE CASTLE: Pending rental law
amendments will mean more mandatory paper work
KEYS TO THE CASTLE: Pending rental law amendments will mean more mandatory paper work

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