The Rental Housing Tribunal

Each province has a Rental Housing Tribunal that resolves disputes between landlords and tenants about unfair practices, free of charge, as an alternative to court.

What the Tribunal deals with

Complaints about "unfair practices": anything a landlord or tenant does that breaks the Rental Housing Act, or a practice prescribed in the regulations, such as deposits not refunded, no receipts, lack of maintenance, illegal lockouts or utility cut-offs, overcrowding or exploitative rent. Any tenant, landlord, group of them or interest group may lodge a complaint (s13(1)).

The Tribunal cannot hear applications for eviction orders; only a court can evict (s13(14); see the eviction overview).

What happens after you complain

  1. The Tribunal registers the complaint and its staff investigate (s13(2)(a) and (b)).
  2. If the dispute can be settled, a mediator is appointed (s13(2)(c)). A mediated agreement can be made a ruling.
  3. If mediation fails, the Tribunal holds a hearing and makes a ruling that is just and fair (s13(2)(d)). It can summon people and documents.
  4. The ruling is deemed to be a magistrate's court order (s13(13)). The Tribunal can also issue spoliation and attachment orders and interdicts (s13(12)(c)).

While the complaint is pending, for up to 3 months, the landlord may not evict, the tenant keeps paying the rent that applied before any disputed increase, and the landlord must carry out necessary maintenance (s13(7)).

Provincial contacts

ProvinceOfficial source and contact
GautengGauteng Department of Human Settlements
Ikusasa House, 129 Fox Street, Johannesburg · 011 630 5210 · [email protected]
Western CapeWestern Cape Government, Department of Infrastructure
Online eService · 0860 106 166 · [email protected]
KwaZulu-NatalKwaZulu-Natal Department of Human Settlements
031 372 1800 · [email protected]
Eastern CapeOfficial contact page not yet confirmed by us. Contact the provincial Department of Human Settlements or your municipality's Rental Housing Information Office.
Free StateOfficial contact page not yet confirmed by us. Contact the provincial Department of Human Settlements or your municipality's Rental Housing Information Office.
LimpopoOfficial contact page not yet confirmed by us. Contact the provincial Department of Human Settlements or your municipality's Rental Housing Information Office.
MpumalangaOfficial contact page not yet confirmed by us. Contact the provincial Department of Human Settlements or your municipality's Rental Housing Information Office.
Northern CapeOfficial contact page not yet confirmed by us. Contact the provincial Department of Human Settlements or your municipality's Rental Housing Information Office.
North WestOfficial contact page not yet confirmed by us. Contact the provincial Department of Human Settlements or your municipality's Rental Housing Information Office.

Contacts copied from the official pages on the date shown in the sources above. Check the page before you travel.

Rental Housing Information Offices

Some municipalities run Rental Housing Information Offices that advise landlords and tenants about their rights, help them resolve problems, and refer cases to the Tribunal (s14).

Frequently asked questions

Does it cost anything?

No. Tribunal services are free for landlords and tenants.

Do I need a lawyer?

No. The process is designed for people to use themselves. Bring your lease, proof of payments, ID and both parties' physical addresses and phone numbers.

Is a Tribunal ruling binding?

Yes. A ruling is deemed to be an order of a magistrate's court and is enforced like one (Rental Housing Act s13(13)). It can be taken on review to the High Court (s17).

General information, not legal advice. KayaPact gives general information and document templates based on the Rental Housing Act, the Consumer Protection Act and related laws. It is not legal advice and does not create a lawyer-client relationship. Laws and your lease may change the answer for your situation: for disputes, speak to the Rental Housing Tribunal in your province, a Rental Housing Information Office, Legal Aid South Africa or an attorney.
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