In my experience, building strong landlord-tenant relationships is one of the main factors to ensure reliable tenants are retained. The value of this cannot be stressed enough. It creates a mutually beneficial and positive living environment.
The onus is on the landlord to establish open lines of communication from the start. By clearly communicating expectations, it would encourage tenants to reach out with any concerns, problems or questions. Landlords should also respond promptly to inquiries in whatever form of communication; WhatsApp, email or telephonically. Transparent communication fosters trust and a sense of security for tenants.
Landlords should address maintenance and repair requests promptly. A well-maintained property not only enhances the tenant's quality of life but also demonstrates the landlord’s commitment to their well-being. If increasing the rent, the landlord could offer an added extra such as regular garden services or ensure the surrounding area is neat and free of waste, so tenants would gladly pay the higher rent instead of looking for more affordable accommodation elsewhere. Also, providing added value to the property can justify rent increases and make tenants feel they are getting more for their investment Rentals increases should be made taking the market, the overall economy and ability of tenants to pay higher rents, into consideration.
Long lease agreements provide stability for both landlords and tenants. Offering lease renewal incentives would encourage tenants to commit to a longer stay. It is also important to personalise service to the tenant. Treat tenants as individuals, not just as occupants. A tenant who feels valued is more likely to stay long-term. Do not treat them as if you are doing them a favour by allowing you to rent from them. Their rental should not just be a living area, but a home.
Where rentals are part of a large development, landlords should create a community spirit by organising get-togethers or creating a digital platform for renters to connect. Respect your tenant's privacy and ensure they feel secure in their home. Give adequate notice before entering the property for inspections or repairs. Demonstrating respect for their personal space contributes to a positive landlord-tenant relationship. Do not allow staff or landlord pets to become a nuisance or danger.
Additional information:
According to the Department of Human Settlements, a Rental Housing Tribunal has the authority to deal with disputes, complaints or problems between tenants and landlords in the rental housing dwellings:
- Non-payment of rentals
- Failure to refund the deposit
- Invasion of tenant’s privacy, including family members and visitors
- Unlawful seizure of tenant’s goods
- Discrimination by landlord against prospective tenants
- The changing of locks
- Lack of maintenance and repairs
- Illegal evictions
- Illegal lockout or illegal disconnection of services
- Damage to property
- Demolition and conversion
- Forced entry
- House rules
- Intimidation
- Issuing of receipts
- Municipal services
- Nuisance
- Overcrowding and health matters
In terms of section 13(13) of the Rental Housing Act 50 of 1999, a ruling of the Tribunal is deemed to be an order of a Magistrate's Court in terms of the Magistrate's Court Act, 1994.
How to resolve rental disputes without incurring legal costs
The impact of the national lockdown has led to the reduction of household income for many South Africans, leaving many tenants unable to afford their rent. In these trying times, it is understandable how disputes can arise between a tenant and. However, landlords and tenants can seek council from the Rental Housing Tribunal (RHT).
Settling disputes amicably
Landlords and tenants can seek council from the RHT to solve rental disputes. The RHT consists of members appointed by the Provincial Minister of Housing with experience in housing management, development and rental housing.
The RHT deals with all aspects relating to a tenancy, such as verbal or written lease agreement disputes, the rights and duties of each party, deposit refunds, rental defaults, damage to the rental property, utilities, eviction and house rules, to name a few.
“The primary function of the RHT is to mediate and settle disputes amicably between tenants and landlords. The RHT will inform both landlords and tenants of their rights and obligations regarding the Rental Housing Act. It will then investigate and mediate the situation to reach a resolution by making recommendations to all parties,” – Raul Flores
Anyone who has a vested interest in a rental property may lodge a complaint with the RHT. The service is free to landlords and tenants and each party may represent themselves as not to incur legal costs.
Lodging a complaint
Lodging a complaint requires the petitioner to make contact with the relevant RHT office with authority in the area in which the home is situated. Legislation dictates that the complaint must be in writing on specified form. The complaints can be lodged by either registered mail or fax. It is advisable that once the complaint has been submitted that the complainant follows up to ensure it reached the right person.
Once a case is opened, a reference number will be allocated before a preliminary investigation is conducted. The investigation will be to determine whether the complaint relates to a dispute in respect of a matter which may constitute an unfair practise and must be determined within 30 days of receiving the complaint. To define this, the RHT may require additional information from either the complainant or respondent. In certain instances, an inspector may be appointed to inspect the property in question and compile a report on the complaint. If the investigation find unfair practice, all parties would be notified in writing that a case has been opened and advised of the date and time for mediation.
RHT mediator remains impartial
"The mediation is an informal, confidential meeting with the landlord and tenant meeting to discuss their issues in the presence of a trained, experienced mediator. The mediator will remain impartial and will assist the parties to come to a mutually acceptable solution to their problem.
The landlord and tenant would make the final decision with regards to the mediation agreement and not the mediator. Once the parties have reached an agreement, the agreement can be made an order of the court. If no agreement is reached at the informal mediation, the matter will be referred to a formal hearing for a ruling.
It is important to note that the Rental Housing Tribunal is not biased towards the tenant, but will listen to the facts and base their decision on facts whether in favour of the landlord or tenant. Contact centre details for the Rental Housing Tribunal: 0860 106 166. Email addresses for each provincial RHT can be found on its website.
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