7 things a landlord cannot do in South Africa
Category Advice
Understanding the rights and responsibilities of landlords and tenants is essential for ensuring a good rental relationship in South Africa.
Governed by the Rental Housing Act and the Consumer Protection Act, landlords must adhere to specific regulations and cannot act arbitrarily when managing their rental properties or addressing tenant issues.
According to the Seeff Property Group, there are seven key actions that landlords are prohibited from taking.
1. Landlords are not allowed to cut off essential services such as electricity or water, even if the tenant is behind on rent.
Tenants have a legal right to access these services, and landlords must follow the appropriate legal procedures to address overdue payments.
If the rent remains unpaid after due process, the landlord can pursue legal action, which may eventually lead to an eviction order.
2. Landlords cannot increase the rent at will to cover unexpected costs, such as property repairs.
Rent adjustments must align with the terms outlined in the lease agreement and comply with the law.
Any unilateral increase outside these provisions is not permissible, even if the expenses are unrelated to the tenant's actions.
3. Discrimination against tenants is also strictly prohibited.
All tenants-both current and prospective-must be treated fairly and without bias under the Promotion of Equality and Prevention of Unfair Discrimination Act.
This means landlords cannot discriminate based on factors such as race, gender, religion, disability, or sexual orientation.
4. Respecting a tenant's privacy is another crucial responsibility for landlords.
They are not permitted to enter the rental property without the tenant's consent, except in emergencies or specific circumstances outlined in the law.
For instance, landlords must give proper notice for property inspections or when showing the property to potential buyers or new tenants.
Arbitrarily breaking locks or entering without permission is a violation of the tenant's rights.
5. Landlords are also required to maintain the rental property in a good and habitable condition.
This includes carrying out necessary repairs to uphold health and safety standards.
If a landlord neglects these duties or fails to address emergency repairs unrelated to tenant neglect, the tenant is entitled to take legal action.
6. Another critical rule is that landlords cannot unlawfully lock tenants out of the property or evict them without following the proper legal process.
Even in cases of tenant breach, eviction must be conducted with due regard for the tenant's rights and dignity. Lockouts or forceful removals without a court-ordered eviction are illegal.
7. Landlords cannot arbitrarily cancel a lease agreement before its term ends, even if they decide to sell the property.
Lease cancellations are only permitted under specific conditions, such as material breach by the tenant, and must follow the stipulated legal procedures.
Given the complexities of these regulations, Seeff Property Group emphasised the importance of a comprehensive lease agreement that protects both parties' interests.
By understanding and respecting the law, landlords can foster positive relationships with their tenants while safeguarding their property investments.
https://businesstech.co.za/news/property/799955/7-things-a-landlord-cannot-do-in-south-africa/
Author: Businesstech