07/02/2022
The Rental Housing Amendment Act 35 of 2014 is the latest amendment to the Rental Housing Act 50 of 1999. The Amendment Act introduces various changes that will impact the relationship between tenants and landlords. Virtually all residential property is now included in its ambit.
As it stands, tenants in the residential property sphere have rights in terms of the Rental Housing Act, the common law, and the Consumer Protection Act. The rights of tenants and obligations of the landlord have increased in an effort to improve the relationship between the tenant and the landlord.
The Rental Housing Amendment Act creates new offences that may result in the imprisonment of the landlord or a fine.
If you are a landlord and you:
Do not provide your tenant with a written lease agreement;
Fail to repay your tenant’s deposit and interest;
Cut the utilities to the dwelling e.g. electricity;
Lock your tenant out of the premises;
Provide your tenant with a dwelling that is uninhabitable; or
Fail to maintain the premises that you are leasing,
Then, you are guilty of an offence in terms of the Amendment Act.
Avoid penalties (if you’re the landlord) or protect your rights (if you’re the tenant) by getting a residential lease agreement template from us that complies with all the laws or asking us to review your current residential lease agreement template.
Key provisions of the Rental Housing Amendment Act
It:
Requires residential lease agreements to be in writing,
Rhanges and inserts definitions,
Extends the nature of the offences,
Extends the power of the Rental Housing Tribunal,
Adds sections relating to securing deposits, the condition of the dwelling and the overall relationship between landlords and tenants.
