Page 24 - Nexia SAB&T Property and Tax Guide 2025

THE RENTAL HOUSING ACT

The Rental Housing Act (50 of 1999), as amended, aims to regulate the relationship
between tenants and landlords of residential property (utilised for dwelling purposes) in
South Africa – by setting out general requirements relating to leases, laying down general
principles and governing conflict resolution. The Rental Housing Tribunal’s function is to
ensure that unfair practices between landlords and tenants are eliminated and hence
it interprets both the Act and the Procedural and Unfair Practice Regulations, where
applicable, in its deliberations. The service is free to both tenants and landlords. A lease
will be deemed to include a number of terms, which cannot be waived by either party,
some of which are listed below:
◆ The landlord must furnish the tenant with written receipts for all payments
received by the landlord from the tenant.
◆ If on the expiration of the lease, the tenant remains in the dwelling with the
express or tacit consent of the landlord, the landlord and tenant are deemed,
in the absence of a further written lease, to have entered into a periodic lease,
on the same terms and conditions as the expired lease, except that at least one
month’s written notice must be given of the intention by either party to terminate
the lease.
◆ A deposit must be invested by the landlord in an interest bearing account, such
interest not to be less than the rate applicable to a savings account. During the
period of the lease, the tenant is entitled to request proof from the landlord in
respect of interest accrued.
◆ A tenant has the right, during the lease period, to privacy, and should the landlord
wish to exercise his or her right of inspection, the inspection must be done in a
reasonable manner after reasonable notice to the tenant.
◆ A landlord must provide a tenant with a dwelling that is fit and suitable to live
in, maintain the existing structure of the dwelling and facilitate the provision of
utilities to the dwelling.
◆ The Rental Housing Amendment Act (35 of 2014) addresses some of the
shortcomings of the Act, and will come into operation on a date yet to be
proclaimed. Until this date is proclaimed, the changes proposed by the
Amendment Act may not be enforced. Some of the main changes that the
Amendment Act aims to bring about are:
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