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Amendments to the Rental Housing Act 50 of 1999

Ok here is the deal, we are going over and discussing with other professionals the amendments to the rental housing act 50 of 1999 and how things would effect investors, suppliers and tenants, but one small thing really kept bugging me.

You see, the procedure now is revolving pretty much around a court house. A lot of landlords don’t think that the rental housing tribunal will help them and if they have problems they go to a lawyer, which eventually take the matter to a court if he or she can’t solve the problem with a few letters.

Though this may be a common procedure, now with the amendments this may become a serious decision to be taken. Here is why.

In clause 11 para 4. it says that if a landlord or tenant (which ever of the two), initiate action with a magistrate’s court then, the tenant or landlord can’t go and lodge a complaint with the Rental Housing Tribunal , unless the Magistrates court refers the issue to the Tribunal.

This is very interesting and landlords together with tenants should remember this amendments if it passes, because this means that in affect one shouldn’t run to the courts as it may take longer plus it will have the negative effect of not being able to go to the Rental Housing Tribunal, which is not only free of charge but also has a set deadline to resolve matters. Meaning resolution can be achieved quicker than in a court of law that is full of matters to deal with other than rental issues.

This amendment is very logical for government services optimization. No one wants two cases in two places taking time for both organizations and ending up with two judgments, which can create even further problems.

But this does mean that by taking action in a magistrate court in the future it will result in the inability to use the Rental Housing Tribunal , which could be cheaper and faster. Therefore I think that both landlords and tenants should try first the cheaper and faster option of resolution via Rental Housing Tribunal.

So, for the future, keep this in mind, before you turn to the courts or your attorney runs to the courts in your place.

Comments
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Salie - Mr   | 198.54.202.xxx | 2008-05-02 00:43:43
Has anyone gone to the Rental Housing Tribunal ? I have been there as a Landlord and the service was pathetic from the word go. No consultants to assist you and finally when I was appointed one it seemed that he did not know how to help.

This department should really train or recruit qualified staff.
Karen - Rental Housing Tribunal and Of     | 198.54.202.xxx | 2008-05-03 09:55:14
Salie,

Some offices are satellite offices and they are only there for informational purposes, nothing more.

If you are in letting you need to go to an office where they have inspectors etc.

If you are in letting you need to have good communications with key people in these offices. It is like with the banks, can't go to info counter and expect the people to know the business inside out, must create business relations with the correct people and understand the system.

The sad part is that Gauteng (last I heard) has only 20 inspectors. I was told this by the Chief Inspector at the Gauteng Rental Housing Tribunal. They have upgraded systems to deal better with stuff, but still they are heavily understaffed.

In KZN I heard only good things and CT I dealt with them and had no issues. Actually they got back to us in the same day withing 2 hours with answers on what to do and what not do and how to proceed legally on an issue we had with a tenant.

Hope this helps.
Rudolf   | 198.54.202.xxx | 2008-05-15 05:23:48
Hi Salie

I went to the Rental Housing Tribunal (as a tennant) in Cape Town in December and was very impressed. The service was frienly, effiecient and proffesional, both over the phone and in the office itself. I got a quick written response and the matter was resolved without much trouble and for free. (Unfortunately I only found out about the tribunal after seeing and paying a laywer, who told me nothing about it)

Cheers
salie - Hi rudolf   | 41.208.11.xxx | 2008-05-17 16:57:42
what offices did you go to. I went to the offices in Wale Street, Cape Town.

Did you manage to sort out your problem.
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Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved.





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The Calculating Residential Deals course was excellent, outstanding, clear and very well presented. I can now see the difference between an investment property and a home ownership property so clearly. Jessica Huston  - CT.





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I have had 4 tenants over a period of 10 years. I was very fortunate in that they were all good, reliable tenants. I had however seen a few of my colleagues go through absolute hell with bad tenants. I’m talking about really BAD tenants. While searching the internet for a lease agreement I stumbled upon the PINN webpage and signed up for their “Investor Letting Workshop “

It was the best choice that I have made in a long time. At the end of the day I was more confident in my role as a landlord as I had just learnt. Don’t end up like my colleagues whose experience was so stressful that they sold their properties. Rather arm yourself with knowledge that will make letting a win – win situation. Take the opportunity to learn, I am truly grateful that I did - Elaine Fike

 

What I derived from the course was the interaction with the other course participants, which one can learn from and also network with in the future. The course itself is an eye opener especially if you want to run with the letting process from start to finish yourself. The legal aspects I found very much as the most important part of the course.

The detail of the course also spells what to do on a step-by-step basis to reduce the letting process risk to a minimum though there is no guarantee that your investment will be looked after by the tenants. Ideas on where the letting market is and how to go about dealing with your tenant, was also of great value. The course however needed more time in order to digest the nutritional value of the workshop. Keep up the good work. -  Ebrahiem Kammies

 

 

I attended the Calculating Residential Investment Deals because I wanted to learn more about the ins' and outs' of property investing. As a property investor I constantly look to learn more to enhance my strategies. What I found and have to say about the course is that it exceeded my expectations. For a two week course, I thought it will be pretty superficial, but I found quite the contrary. It is very in-depth, it takes the thought process from the beginning of financial understanding and puts together many ideas on how to look at the properties when purchasing them. I know that this course has helped me avoid in the future bad purchases and helped me search for properties that suit me financially. I am now looking forward now to do the Letting course on PIN.  Cindy Johnson - JHB





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I would like to thank you for the Calculating Residential Investment Deals, I have also done the Letting Workshop and now that I think of it, I should have done the Calculating Residential Investment Deals first. For me it was a huge eye opener in residential buy to let. I have attended other seminars and what I found is that this course was the only one that was very helpful and full of actionable information to make the right decision when buying a residential property for investment. Michaela Nubert - JHB




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