Fair Practice

Mediation And Your Home

by 15 Jan, 2016Maintenance, Post-divorce, Published Articles

Sometimes there comes an instance where you need to find choices of accommodation in a short space of time and for a reasonable price that you are willing to pay. Advocate Veerash Srikison discusses how mediation skills can be useful in the relationship between a tenant and their landlord

Sometimes there comes an instance where you need to find choices of
accommodation in a short space of time and for a reasonable price that you are willing to pay. The benefits of renting afford you this option, yet so many people are unaware of their rights and obligations as both the tenant and the landlord once a dispute arises.

A LEASE AGREEMENT

The first step is to ensure that you have an agreement with the landlord, who is the owner of the property or a duly appointed agent of the owner. This agreement will be the lease agreement and it can be verbal or in writing. As a precaution, it would be best to enter into a written agreement so that everyone who is a part of this agreement is fully aware of his or her obligations. The lease agreement should be a detailed document and the most important of the clauses to be included and agreed by both the landlord and the tenant are:

  • What the rental amount and additional charges will be
  • When payments need to be made
  • Where the payments need to be made
  • What property is being rented?

RENTAL HOUSING TRIBUNALS

The Rental Housing Act of 1999 addresses the laws and procedures should the landlord and the tenant have any problems with maintaining their obligations and expectations from each other, termed unfair practices, including, but not limited to, the non-payment of rental amounts, non-refund of a security deposit, overcrowding, unmaintained property and unlawful seizure of the tenant’s assets.

The Act goes on to allow Rental Housing Tribunals to be established throughout South Africa, where either a tenant or a landlord can lodge a complaint against the other at no cost. The purpose of these tribunals is to provide independent experts whose function is to end any unfair practices, by the landlord or the tenant, by objectively applying the provisions of the specific rental housing regulations for that particular province. Before setting up a hearing, the tribunal will always try to achieve a mediated solution.

The process of mediation allows for both the landlord and the tenant an opportunity to be heard equally by an independent third party, who will facilitate a discussion and establish how to resolve it amicably as soon as possible. The mediated agreement, if reached, will be made a ruling of the Tribunal and binding on the parties. If the mediation stage was unsuccessful, the Tribunal will summon the landlord and the tenant, conduct a hearing and make a ruling. A ruling is final and binding, it carries the same weight as a court order made by a magistrate’s court. If any person to this ruling does not comply with it, they may have to pay a fine or risk being imprisoned.

HOW DO I LODGE A COMPLAINT?

  • Contact your local Rental Housing Tribunal and complete the relevant forms.
  • A case manager will be appointed to open a file and investigate.
  • All the relevant persons to the dispute will be informed in writing about where and when the matter will be mediated or heard and what information or witnesses they will need to bring.

It is important to note that during this process, the landlord must maintain the property and cannot evict a tenant and the tenant must continue to pay the rent. The laws and procedures show that as a tenant or landlord who has dispute with the other, that the benefit of lodging a complaint with a tribunal outweighs taking matters into your own hands.

Publication Details

MAMAS & PAPAS - DEC/JAN 2016

Volume 6, Number 73
Published Articles

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