Legal experts unpack residential rental challenges.

While the demand for residential rentals in South Africa is rising, so is the number of defaulting tenants. The depressed economy, interest rate hikes, and the pandemic's lingering impact on jobs and income, are contributing to an increasing number of South Africans failing to pay their rent, according to attorney and rental property specialists.

Non-paying tenants are the biggest issue in the rental property arena. The next big concern is landlords who are too "robust" and rush into suing or evicting defaulting renters. This is not the ideal first course of action. Evicting someone and suing them costs money. No court will award you the costs that you had to pay your attorney. Negotiation may be wiser, and landlords should be mindful of this.

However, contrary to popular opinion, it is not impossible to evict tenants. It is difficult. The paperwork is onerous, and your application must be precise. The eviction starts long before court papers are drawn up, with a letter of demand. The period of time stipulated in this letter of demand will vary based on whether the tenant is a natural person or a juristic entity. If the law is meticulously followed and the lease is formally cancelled, you can successfully obtain an eviction order. There are many factors that will be considered, including whether the tenant has alternative accommodation, and it may take a judicial officer some time to give you that court order, but it is possible.

A sectional title complex adds additional complexity to the landlord-tenant relationship, involving not only the property owner and tenant but also the body corporate and trustees. In complexes, issues with tenants include not just non-payment but also their failure to comply with the rules.

Owners who rent out sectional title units must be ultra vigilant and screen tenants thoroughly because they will take the rap for tenants' bad behaviour and may foot the bills. When it comes to a sectional title complex, the buck stops with the owner. It is the property owner's responsibility to ensure that his tenants, their employees, family members and guests all comply with the complex's rules.

While rental agents are often responsible for tenants' application screening on behalf of owners, including background and credit checks. Rental agents must be sure that what they are communicating to tenants is correct and legal.

By knowing your tenant, especially in the context of sectional title living, you can ensure that your rental property does not become a thorn in your side and in that of the body corporate.

Additional information: 

The Rental Housing Tribunal has the authority to deal with disputes, complaints or problems between tenants and landlords in the rental housing dwellings:

- Non-payment of rentals
- Failure to refund the deposit
- Invasion of tenant's privacy, including family members and visitors
- Unlawful seizure of tenant's goods
- Discrimination by landlord against prospective tenants
- The changing of locks
- Lack of maintenance and repairs
- Illegal evictions
- Illegal lockout or illegal disconnection of services
- Damage to property
- Demolition and conversion
- Forced entry
- House rules
- Intimidation
- Issuing of receipts
- Municipal services
- Nuisance
- Overcrowding and health matters

In terms of section 13(13) of the Rental Housing Act 50 of 1999, a ruling of the Tribunal is deemed to be an order of a Magistrate's Court in terms of the Magistrate's Court Act, 1994.

Extract from Property 24