2024 Guide: How to resolve rental disputes for tenants and landlords

Rental disputes can create stress for both landlords and tenants, but a clear and systematic approach can prevent escalation.

Step 1: Review the lease agreement

Start by thoroughly reviewing the lease agreement. Both landlords and tenants should know their rights and responsibilities as outlined in the contract. Leases in South Africa are governed by the Rental Housing Act, which provides a legal framework for resolving disputes. Ensure the lease is legally compliant and addresses key issues like payment, maintenance, and property use.

Step 2: Understand your rights and obligations

Both tenants and landlords have protected rights under South African law. Landlords have the right to prompt rent payments, maintain the condition of the property, and terminate leases under specific violations. Tenants have the right to a habitable property, privacy, and protection from unlawful eviction. Understanding these rights can help avoid misunderstandings.

Landlord rights in summary:

Here is a practical guide for landlords on their rights according to the Rental Housing Act and steps to protect themselves from tenant disputes:

Right to payment of rent

• Rent must be paid on the agreed date as per the lease. If the tenant misses payment, give a written notice (usually 7-14 days) to remedy the breach. If unresolved, initiate legal proceedings or lodge a complaint with the Rental Housing Tribunal.

Right to a deposit

• Collect a deposit (typically one or two months’ rent). Deposit this into an interest-bearing account. After the tenant vacates, use the deposit to cover any damages or unpaid rent. Provide written proof of deductions (receipts) within 21 days of the tenant’s departure.

Right to property maintenance

• Tenants must keep the property in a reasonable condition. If damage occurs beyond normal wear and tear, notify the tenant in writing to make the repairs. If they refuse, the landlord can use the deposit to cover the costs.

Right to eviction

• If the tenant breaches the lease (e.g., non-payment, property damage), serve a written notice of breach (usually 20 working days). If unresolved, apply to the court for a formal eviction order. Follow all legal processes to ensure the eviction is lawful.

Right to inspection

• The landlord must give at least 24-48 hours' written notice before conducting inspections during the tenancy. For move-in or move-out inspections, conduct the inspection within 3 days of tenant moving in or out. Document the property’s condition and have both parties sign an inspection report.

Right to terminate the lease

• Landlords can terminate the lease if the tenant breaches key terms. Serve a notice to rectify the issue, and if the tenant fails to comply, provide written notice of termination with a reasonable timeframe (usually 30 days).

Right to seek legal action

• If disputes escalate, approach the Rental Housing Tribunal for mediation or file a claim in court. Keep all communication in writing and document every incident related to the dispute.

By adhering to these steps, landlords can protect their rights while maintaining a positive relationship with tenants. Following legal procedures is key to avoiding disputes and costly legal battles. Access the full Rental Housing Act here.

Step 3: Document the issue

When a dispute arises, record every communication and interaction. Emails, messages, and photographs of property conditions can serve as valuable evidence in case the issue escalates.

Step 4: Communicate directly

Before escalating, attempt to resolve the dispute by communicating openly and respectfully. Whether it's late rental payments, unresolved repairs, or boundary issues, engaging in clear, written communication often helps both parties avoid further tension.

Step 5: Seek mediation

If communication fails, tenants and landlords can seek the help of a mediator. A neutral party can help clarify misunderstandings and negotiate fair solutions without needing to go to court. Rental agents or legal professionals experienced in tenancy laws may also assist in mediation.

Step 6: Utilize the Rental Housing Tribunal

If mediation does not resolve the conflict, you can take the issue to the Rental Housing Tribunal. This government body offers a free dispute resolution service to both landlords and tenants. The Tribunal can investigate the issue and provide a legally binding resolution, avoiding the need for costly legal proceedings.

• Non-payment of rent
• Illegal eviction attempts
• Disputes over maintenance or repairs
• Unlawful entry into the property

Step 7: Legal action as a last resort

If neither mediation nor the Tribunal resolves the issue, legal action may be the next step. Whether you're a tenant or landlord, seek legal advice and ensure your case aligns with the Rental Housing Act. Landlords should follow proper eviction procedures, and tenants should be prepared to defend their rights in court if necessary.

Step 8: Prevent future disputes

Preventative measures can save both tenants and landlords from future disputes:

• For landlords: Draft clear, comprehensive lease agreements and perform regular inspections. Partner with property managers or rental agents to maintain clear communication.
• For tenants: Always maintain communication with your landlord, report any repair issues in writing, and adhere to the terms of the lease agreement.

Private Property asked MD of Trafalgar, Andrew Schaefer, to answer tenant and landlord most frequently asked questions relative to disputes.

FAQ's

Q: What are the most common disputes with a tenant?

• Apart from non-payment of rent, the most common problem issues are municipal charges, noise, maintenance and overcrowding.

Q: How can these be avoided upfront?

• The key to avoiding/resolving most disputes between landlords and tenants is an excellent and detailed lease that anticipates things that could become problems, and what either party can and can't do if those situations arise. This should be carefully explained upfront … not just emailed for the tenant to sign and sent back.
• In our experience most people won't even read all the clauses if you do that. It's important to manage expectations upfront, maintain regular communication, be transparent and always stick to the terms of the lease. Prepaid meters are also a great way to avoid disputes about water and electricity usage.

Q: How best should a landlord/managing agent handle a dispute?

• Try to remain calm and professional and not let things become personal. Look at the issue objectively in terms of the lease. If it's not covered in the lease, act fairly and reasonably towards the other party with a view to finding a solution as quickly as possible.

Q: Is the first step in a dispute to review the lease agreement?

• Yes, first check your lease to see if it covers the issue you're having. If it doesn't, try having a calm conversation to seek a solution, and follow this up with a note or email that confirms your request.

Q: What if the dispute is personal and beyond the lease agreement terms?

• Renting a property is a business arrangement/ legal contract so you should try never to allow it to become personal. This is why it is a good idea to always rent through a professional rental agency like Trafalgar, or to appoint an agent if you are a landlord. It really helps to have a neutral third party on hand who can look at things objectively.

Q: When the dispute is verbal, how to progress and document the dispute?

• As soon as possible, write a letter or email outlining the dispute and recording a full and truthful account of any relevant conversations or actions to date. Send it to the other party and request that any further communication on the issue be in writing.

Q: At what point should the Rental Housing Tribunal (RHT) be approached?

• The RHT deals with all sorts of issues, including non payment of rent, deposits not being returned, invasion of tenants' privacy, property damage and maintenance. You should approach it once you've tried to resolve things but realise you just cannot reach consensus.

Q: While the dispute is ongoing, can the tenant be evicted?

• Whenever a tenant breaches any term of their lease (by not paying rent for example), they can immediately be given notice to vacate the premises. This is usually provided for in the lease, and if they refuse, the matter can be taken to the RHT.
• But it's important to note that once there is a breach, the landlord can also immediately start proceedings to get an eviction order, which can take several months. And the tenant cannot delay this process by declaring a dispute about any other issue.
• Even if the dispute is resolved, but the relationship is damaged, should the tenant consider moving out? Will the tenant feel the landlord is watching every move with a beady eye? Once again, if there is a rental agent involved, there is much less chance of hurt feelings and irreparably damaged relationships. But if either tenant or landlord still feels uncomfortable after a particular issue is resolved, the best course of action is probably just not to renew their lease.

Q: Is there a recommended platform that brings the tenant and landlord together - such as mediation?

• Professional agents will always try to get parties to reach consensus but if that fails, the next step is the RHT, which will usually first attempt to get disputing parties to reach consensus through mediation, and only refer the matter for arbitration if that doesn't succeed.

Conclusion

Resolving rental disputes doesn't have to be complicated. Whether you're a tenant or a landlord, understanding the legal framework and taking steps toward open communication and professional mediation can help settle conflicts amicably. Always keep the lines of communication open, and never hesitate to use the Rental Housing Tribunal for expert mediation.