Rental Housing Tribunal

What is the Rental Housing Tribunal?

If you’re a renter or landlord, you may need the assistance of the Rental Housing Tribunal (RHT) from time to time. The service provided is free for all renters and landlords in the Western Cape. The Tribunal can help settle any disagreements or complaints between both parties. The RHT works to create good relationships between landlords and renters, educate parties about their rights, and settle any disagreements relating to rental properties and leases.

The Tribunal is similar to a Magistrate’s Court and has the power to fine or imprison anyone who doesn’t appear at hearings or cooperate with the proceedings.

What can the Rental Housing Tribunal help with?

The RHT can help with any matter involving a rental property, such as:

• If a landlord doesn't reasonably maintain the rental property.
• If a landlord fails to provide municipal services such as water or rubbish collection.
• If there’s a disagreement about rent payment.
• If a tenant stops paying rent.
• If a tenant damages your property.

Who can use the Rental Housing Tribunal?

Anyone who is a landlord or a tenant in the Western Cape can use this service. A group of tenants or homeowners can also make an application together.

What happens after I submit a complaint?

1. After you submit your complaint, your documents will be reviewed to see if there's a valid dispute.
2. Your complaint is entered into the system and is given a reference number. This can take up to 14 days.
3. A Case Officer will be assigned to your case, and they'll contact you about your complaint. Both parties will receive a notification by post that an investigation will take place.
4. The investigation into your case can take up to 3 months.
5. The tribunal may hold a mediation, which is an informal discussion with an independent person who will help both parties agree on a solution.
6. If mediation doesn’t help to solve the disagreement, both parties must attend a Hearing. This is a more formal process before the members of the Tribunal. The Tribunal will then decide. That decision is legally binding, and you must follow the decision.

Avoid problems with deposits

Deposits are a form of insurance for the landlord in case the tenant should damage their property or belongings.

Here are some practical ways to avoid deposit disputes:

• Before moving in, both the tenant and landlord should do an inspection of the property together and write a report, or take photos, of anything that's broken or damaged.
• When moving out, do another inspection of the property and compare it to the inspection report from the beginning of the lease.
• Tenants may have the opportunity to repair or replace any items at their own cost,  
• Landlords can use some of the deposit money to make repairs. The tenant may ask for receipts for any repairs paid for with the deposit money.

Frequently asked questions about renting property:

Here are 2 helpful resources for renters and landlords:

• Frequently asked questions for tenants
• Frequently asked questions for landlords

If you have questions, you can speak with the RHT for advice on how to solve a dispute between tenants and landlords.