South Africa » Rental Market

The Rental Housing Tribunal provides free services to tenants and landlords throughout the Province of the Western Cape. Hearings and mediations are held as close as possible to the point of complaint. Formed in 2001, the Tribunal consists of 5 members (including a chair and vice chairperson), appointed by the Provincial Minister of Housing, who have expertise in property management, housing development and consumer matters pertaining to rental housing. The Tribunal is assisted by the Support Component of the Directorate Housing Settlement. 

A verbal agreement is as binding as a written lease. However, if a written lease is required for you to occupy premises and you refuse to sign it, there is no agreement and you can't legally move into the property.

If you have rented a property on a verbal basis for some time and your landlord then asks you to sign a lease, you do not have to sign a lease with terms that are different to your verbal agreement. Rather, the landlord will have to negotiate new terms with you and secure your agreement first. Remember, it is always better for both of you to have your agreement in writing, setting out the terms and conditions of your agreement. This will go a long way to preventing later disputes.

The landlord or his agent must keep your deposit in an interest-bearing account (or trust account, in the case of an agent) for the time you are living on the property. The full deposit amount, plus the interest earned, must then be returned to you when you move out less the costs of damages caused by you and any monies you may still owe to the landlord in terms of the lease. It depends on what your lease says. Usually, a landlord maintains the outside of the property and a tenant the inside.

Your landlord has a right to enter the property to perform routine inspections and so on, but only after letting you know well in advance to arrange a time that suits you. You do not have the right to deny him reasonable access.