Gauteng Rental Housing Tribunal

The rental housing sector in Gauteng was characterised by a high number of often violent disputes between landlords and tenants, a lack of maintenance to rental property (because tenants withheld rent and landlords failed to maintain the buildings) and a general decay in living environments. The Tribunal’s main objective is to promote stability in the residential rental housing sector in Gauteng by regulating landlord and tenant relations and resolving disputes between landlords and tenants.

Innovation

The Tribunal is a new experiment in the housing rental sector. It is a skillful attempt not only to create access to adequate rental housing, but also to create co-operation and remove conflict. If the Tribunal is to be a bridge in the direction of a culture of conciliation, then its chief struts are its mediation and adjudicative powers, through which all disputes are resolved. The Tribunal is first amongst its provincial peers and is the model on which other provinces have established or are establishing their Tribunals. The Tribunal has initiated a case management system to manage disputes. The system is the first of its kind in the rental housing sector. This enables the status of a dispute to be determined at any time and to instantly communicate information to a party. Furthermore, this system generates correspondence on line to save time and increase productivity.

Effectiveness

The Tribunal has since inception in July 2001 up to 30 June 2003 registered 1457 disputes of which 1380 (96%) have been resolved either formally or through mediation. The 1457 disputes may be broken down geographically as follows: City of Johannesburg 1192 (82%), Ekurhuleni Metro-Council 118 (8%), City of Tshwane 85 (6%) and others 62 (4%). The Tribunal has embarked on a marketing and media strategy by conducting consumer education with the goal of making bothe landlord and tenants aware of their rights and obligations.

Poverty Impact

The Tribunal’s resolution of disputes has stabilised the rental housing sector by preventing the deterioration of living environments. For example, maintenance has been improved. Tenants have hot water, toilets are repaired, electrical boxes and loose wiring are sealed off and windows are replaced. Landlords no longer charge late fees and penalties for late payment of rent, nor do they charge tenants more than the exact amount of services consumed.

Sustainability

The Tribunal’s annual budget is R3 162 000.00. R1.5 million goes towards operations, R1.6 million to personnel and R62,000  to capital expenditure. The Gauteng Housing Dept provides 100% of these funds. Sustainability depends on the provincial government’s political will and ability to finance it and to attract talented and dedicated staff. With regard to long-term sustainability each province, according to the Rental Housing Act is required to set up a tribunal such as this one. The Gauteng tribunal has emerged as a luminous presence among its peers.

Replication

Landlords and tenants in all other provinces would benefit   should these tribunals have been established. Due to the fact that the Gauteng tribunal has shown positive results, the Tribunal has exchanged visits from its counterparts in KwaZulu Natal and the Western Cape.

Partnerships

• Gauteng Dept of Housing
• Municipalities
• Housing Consumer Protection Trust
• Estate Agency Affair Board
• Webber Wentzel Boweys