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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.
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