As thousands of students and families navigate South Africa’s rental market, the Department of Human Settlements has intensified efforts to ensure tenants and landlords understand their rights under the law.
The department launched its national “Know Your Rental Rights: Student Edition” campaign this week, which will run from Tuesday, 6 October to Friday, 16 October at institutions of higher learning across the country.
The initiative is aimed particularly at students living in private accommodation, where disputes over deposits, rent, maintenance, unlawful evictions and access to basic services are increasingly common.
The campaign is being rolled out in partnership with Rental Housing Tribunals, the National Student Financial Aid Scheme (NSFAS), the South African Union of Students and the South African Technical and Vocational Education and Training Students Association.
According to the department, cases brought before Rental Housing Tribunals have revealed instances in which students have been exploited by unscrupulous landlords. At the same time, officials have also encountered cases where students have failed to meet their own rental obligations despite receiving accommodation funding through NSFAS and other funders.
The campaign therefore places equal emphasis on rights and responsibilities.
Students attending the engagements will be able to speak directly to officials, attend information sessions and learn how to lodge complaints where they believe they have been treated unfairly.
The broader message, however, applies to all residential tenants and landlords. Rental Housing Tribunals operate in all nine provinces and offer a free mechanism for resolving residential rental disputes.
They can consider complaints involving illegal lockouts, unlawful disconnection of water or electricity, failure to refund deposits, excessive or disputed rentals, harassment, poor maintenance, unpaid rent, damage to property and unlawful entry into a rented home. They may also deal with complaints involving the unlawful seizure of a tenant’s belongings, refusal to issue rental receipts, discrimination against prospective tenants, overcrowding and non-compliance with agreed house rules.
Once a complaint is lodged, the Tribunal conducts a preliminary assessment to determine whether the matter falls within its jurisdiction and whether an unfair rental practice may have occurred. The matter may then be referred to mediation, where both parties are given an opportunity to reach an agreement. If mediation fails, the dispute can proceed to a formal hearing. A ruling handed down by the Tribunal is binding and carries the same force as a judgment of the Magistrates’ Court. The Tribunal cannot, however, grant an eviction order. Evictions must follow a separate legal process through the courts.
For tenants, one of the most important protections is the right to privacy and protection from unreasonable interference. A landlord may not simply search a tenant, seize possessions or enter a rented property without lawful justification. Landlords are also prohibited from unlawfully cutting off water, electricity, gas or other essential services in an attempt to force a tenant to pay or leave the property. Interruptions may only be justified in limited circumstances, such as where maintenance, repairs or safety concerns make them necessary.
Tenants, however, are equally required to comply with the terms of their lease. They are expected to pay rent and agreed charges when they become due, keep the property reasonably clean, report damage or maintenance problems promptly and use the premises primarily for the purpose agreed upon. When a lease ends, tenants must remove their belongings, return keys and access devices, dispose of rubbish and leave the property in a reasonable condition, allowing for normal wear and tear.
Landlords, meanwhile, have the right to receive rental payments and to pursue outstanding amounts through lawful channels. They are also entitled to terminate a lease on grounds permitted by the agreement, provided the termination does not amount to an unfair practice, and proper procedures are followed. Their obligations include ensuring that a property is reasonably clean, safe and fit for occupation, maintaining it in a reasonable state of repair and complying with applicable building, health and safety requirements. Where a property does not have a reticulated water supply, landlords must provide suitable means for storing and accessing water. In some circumstances, tenants may also be entitled to recover reasonable costs for urgent repairs they were forced to undertake themselves, provided the damage was not caused by them and the landlord had been notified or reasonable efforts had been made to contact them.
The department said the national campaign follows concerns raised during the National Student Accommodation Indaba held in Durban in July, where student organisations called for greater education around rental rights and obligations. It also follows a commitment by Human Settlements Minister Thembi Simelane to expand awareness of Rental Housing Tribunals and their role in resolving disputes.
Campaign activations are scheduled at universities and TVET colleges in several provinces, with students receiving direct access to officials and information about how disputes can be escalated. Tenants are entitled to dignity, privacy and fair treatment, but they must also honour their agreements. Landlords are entitled to receive rent and protect their properties, but they must act within the law. With Rental Housing Tribunals offering free dispute resolution, greater awareness could prevent many disagreements from escalating into costly and prolonged legal battles.
