Renting as opposed to buying a property is the preference of many people for a myriad of reasons that suit them but when problems arise, the contentious issues between the landlord and tenant do not necessarily need to end up in protracted legal battles in court with exorbitant legal costs.
The Rental Housing Tribunal situated in Eagle Building, Dr. Pixley Ka Seme Street, Durban provides a free service as an independent third party statutory body to mediate and even determine disputes between the parties arising from the rental of residential dwellings (flats, private homes, communes, outbuildings, storerooms, garages, huts and shacks).
Unbeknown to many, not only tenants but also landlords may approach the Tribunal for assistance by completing a form. A notice containing the details of the complaint as well as the date for mediation will then be served upon the person against whom the complaint is made. Landlords may claim for non-payment of rentals, damage to property, refusal by the tenant to accept notice to vacate, eviction and failure to pay for municipal services.
Tenants can, amongst others, complain about overcrowding, unacceptable living conditions, excessive increase in rental, failure by the landlord to provide receipts for rental payments, lack of maintenance, changing of locks, unlawful disconnection of utilities and illegal evictions. Naturally, proof supporting the complaint must be provided at the hearing which initially takes the form of a mediation where the mediator engages with the parties to amicably resolve the issue to the satisfaction of each other. The parties may represent themselves or enlist the services of an attorney. Should the mediation fail, the matter will then proceed to a hearing before a tribunal of experts in property matters, who will hear both parties and then make a decision. A complaint is usually resolved within 3 months, unlike the long waiting periods in court processes
