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Sean Wheller
Home arrow My Blog arrow Landlords Petition Minister of Housing on Rental Housing Act
Jun 05 2008
Landlords Petition Minister of Housing on Rental Housing Act
Friday, 06 June 2008

Landlords are organizing to petition the Minister of Housing to make amendments to the Rental Housing Act that will restore the balance of power between landlord and tenants rights.

Property Investor Network, South Africa’s largest online community for property investors has a prepared a petition document with the background, problem and recommendations as seen by property investors and is asking members of the property industry and landlords to sign the petition which they plan on presenting to the Minister of Housing.

According to the Rental Housing Act, after legal termination of a lease, the Landlord is entitled to repossess the premises. However, in cases where the Tenant refuses to give up possession in a voluntary manner, the landlord may not resort to self-help schemes. The Gauteng Unfair Practice Regulations stipulate that if the Tenant breaches the lease and the Landlord wishes to deprive the Tenant of access or full use of the dwelling, the Landlord must:

  • Give the tenant seven days’ notice in which to remedy the breach, and
  • obtain a Court order to evict the lessee.

However, it should be noted that such notice is not required if the lessee is in default of rental and remains in default for a period of seven days of the due date.

In dealings with the Rental Housing Tribunals in Gauteng and the Western Cape. Property Investor Network has found that landlords are being instructed to first give 7-days notice and then an additional 30-days notice.

The Property Investor Network believes that this action is not ‘just and equitable’ and states that the Act and Regulations do not define that landlords must provide the additional 30-days notice. The Property Investor Network further believes that such advice infringes on the Constitutional rights of landlords.

The petition is asking that the Minister of Housing amend the Rental Housing Act such that a person whose lease has been legally terminated and fails to relinquish possession of premises, subject to 7-days notice, will no longer be defined as ‘tenant’. As such the person will not enjoy protection under the Rental Housing Act and will assume the title ‘Unlawful Occupier’ as contemplated in the Prevention of Illegal Eviction from the Unlawful Occupation of Land Act.

Under this act the Court will not entertain a natural person who was formerly a tenant, whose lease agreement was legally terminated, to continue in occupation of premises in a parasitic fashion under the guise of protection afforded by the Act.

So, if you are a member of the Property Industry or a Landlord and want to add your voice to the list of people who agree with the petition to restore balance of power between landlord and tenants rights, then visit the Property Investor Network and sign the petition.

You can also help Property Investor Network promote the petition by sending emails to your friends and by bookmarking the petition and blogging about the petition in the social media.

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Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved.

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