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The Rental Housing Tribunal: how to use it
The Rental Housing Tribunal is a free dispute service for landlords and tenants. Each province has one. You take a complaint to it instead of going to court, and its ruling carries the weight of a magistrate’s court order. It cannot evict anyone, and that is the limit most people miss.
What the Tribunal deals with
The Rental Housing Act lists certain behaviour as unfair practices. The Tribunal hears complaints about these and about other disputes between a landlord and a tenant. Typical cases include:
- A deposit that has not been repaid, or repaid late.
- A landlord who locks a tenant out, or cuts water or electricity to force the tenant to leave.
- A landlord who takes a tenant’s belongings. Seizing goods needs a court order.
- Repairs the landlord will not do.
- A rent the tenant believes is exploitative.
- A tenant who damages the property or does not pay rent.
Landlords can complain too. If you are a landlord, the Tribunal is a cheaper route than court for a dispute over damage or arrears.
On services, a landlord may interrupt them only to prevent danger or to allow maintenance or repairs. A landlord may not lock you out, cut services except for safety or repairs, or take your belongings, and needs a court order to take back the property or seize goods.
What it costs and what a ruling means
Bringing a complaint costs nothing for either side, whether the matter is settled by mediation or goes to a hearing. A ruling counts as an order of a magistrate’s court, so it can be enforced like one. That makes it more useful than a polite letter that the other side can ignore.
You may still want an attorney, particularly for a complicated matter, but you do not need one to lodge a complaint.
Rent disputes
The Act sets no general limit on rent increases. The Tribunal can, however, rule to stop exploitative rentals and, if it finds one, may set the rent in a way that is just and equitable to both sides. It is not a place to argue over a rise you simply dislike. It is where you take a rent that is clearly out of line, or an increase that breaks the lease terms. The article on rent increases and arrears explains the usual rules.
What the Tribunal cannot do
The Tribunal cannot grant an eviction order. Only a court can do that, after following the procedure the law sets out. If you are a landlord who wants a tenant out, a complaint to the Tribunal will not do it. Read evicting a tenant lawfully before you act.
While a complaint is pending, two rules apply until the Tribunal makes a ruling or three months pass, whichever comes first. The landlord may not evict the tenant, and the tenant must keep paying rent. Do not stop paying because you have lodged a complaint.
How to bring a complaint
- Try to settle it first. Write to the other side, say what you want, and give a date. Keep a copy.
- Collect your papers. That means the lease if there is one, proof of payments, photographs, inspection reports, emails and messages.
- Contact your provincial Rental Housing Tribunal. Your provincial government’s housing department can tell you where to find it. Ask what it needs from you and how a complaint is lodged.
- Describe the complaint plainly. State what happened, when, and what you want the Tribunal to decide.
- Attend mediation or the hearing. Bring your papers and be ready to answer questions from both the Tribunal and the other party.
- Follow the ruling. If the other side ignores it, the ruling can be enforced like a magistrate’s court order. An attorney can advise how.
What to do next
Keep a record of every dispute from the first day: dated messages, photographs and receipts. Tenants should read tenants’ rights and responsibilities and check how the deposit rules apply in rental deposits: the rules. Landlords weighing up their costs can use the rental yield calculator to see what arrears or a long dispute mean for their return.
The rules differ by province in how complaints are lodged, so get the details from your own provincial office.
This article is general information for South African readers, not legal, financial or tax advice. Rules and rates change, so check your own situation with an attorney, your bank or a tax practitioner. Our property calculators can help you work out the numbers.