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Comment Sought on Rental Housing Act Regulations

April 8, 2021

Department of Human Settlements

Draft Rental Housing Act Regulations have been published for comment.

The human settlements department published the Draft Regulations in Government Gazette 44383 for comment.

The Rental Housing Act of 1999 sought to define the responsibility of Government in respect of rental housing property; create mechanisms to promote the provision of rental housing property; promote access to adequate housing through creating mechanisms to ensure the proper functioning of the rental housing market; make provision for the establishment of Rental Housing Tribunals; define the functions, powers and duties of such Tribunals; lay down general principles governing conflict resolution in the rental housing sector; provide for the facilitation of sound relations between tenants and landlords and for this purpose to lay down general requirements relating to leases; repeal the Rent Control Act, 1976; and provide for matters connected therewith.

The Rental Housing Amendment Act of 2014 clarifies obligations and rights of landlords and tenants and provides for the establishment of Rental Housing Tribunals in every province and also Rental Information Offices in every municipality.

Provisions in the act include:

• clarify the responsibility of government;
• set out the rights and obligations of tenants and landlords in a coherent manner;
• require leases to be in writing;
• extend the application of Chapter 4 to all provinces;
• require the MEC’s to establish Rental Housing Tribunals;
• extend the powers of the Rental Housing Tribunals;
• provide for an appeal process;
• require all municipalities to have Rental Housing Information Offices;
• provide for norms and standards related to rental housing; and
• improved penalties and offences.

The Draft Regulations focus on serving and filing of complaints; mediation; dispute hearings; condonation, joinder, substitution, variation or recision; appeals and norms and standards.

A code of conduct for a member of the Tribunal and an Appeal Adjudicator is set down.

Comment is invited within 60 days of the date of publication.