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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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Anyone who seeks to venture into the world of property investing should definitely not miss the opportunity to register for the ‘Calculating Residential Investment Course ‘ . Wow what a learning curve for me . I thoroughly enjoyed  the examples used – which were so practical -and the various scenarios presented in every example and how that impacted on a particular investment . To go along with that the inside info provided was great . It certainly opened my eyes wide open and also the confidence as to what I need to know , ask and look for in a particular investment deal . Thanx for a great course . Demitri Giannais - JHB





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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 found the rental workshop very informative. I am a registered real estate agent with a franchise group and I was amazed how many legally protective clauses were inserted in your agreement. I have used many rental agreements before and not one of these agreements was adequate in this respect. Karen I find your agreement 100 % complete and your knowledge on the subject is unsurpassable. Your lease agreement is in daily use in my property rental portfolio. Thank you. Alex Nicolaou - Registered Estate agent in Edenvale.

 

Thanks for a great day of learning. I flew up from CT and it was definitely worth the ticket.

I have started using the lease agreement and found my tenants to feel secure in dealing with a proper lease agreement. They can see that I am being fair and totally above board and this puts them at ease and me in a strong position. The detail in the lease covers me from things I did not even know existed or that is relevant to a lease. A big thanks to you and your team for a day well spent in time and money. Luke Wollenschlaeger – Cape Town



 

I attended the Calculating Residential Investment Deals course to help me and enhance my ability to give advice to customers in the real estate business. I found this course very helpful and informative and it has equipped me with the knowledge I was seeking to help my customers. In the end the course has achieved the goal that I was seeking it was very helpful and informative. Theuns Schoombee - The Letting Specialist Susan Deacon Properties, George





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