ultimate landlord guide

South African property legislation

Criminal offenses in terms of the RHA:

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Not attaching a defects list to the lease.
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Not attaching house rules to the lease.
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Non-compliance with a Rental Housing Tribunal ruling, or attempting to deceive them.
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Unlawfully locking a tenant out or shutting off utilities – spoliation is a criminal offence!
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Not repaying a tenant's deposit and interest.
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Not providing a habitable dwelling (i.e. failure to do required maintenance and repairs).
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Not reducing a lease to writing.

The Rental Housing Act (RHA)

This Act regulates the relationship between landlords and tenants and it provides for dispute resolution by the Rental Housing Tribunal. It was brought about to protect the rights of the landlord and the tenants alike. The Bill was amended in 2014 and it is important to familiarise yourself with some of the more notable changes to the Act and how they affect you as the landlord or tenant.

The Consumer Protection Act (CPA)

An Act to promote a fair, accessible and sustainable marketplace for consumer products and services and for that purpose to establish national norms and standards relating to consumer protection. To provide for improved standards of consumer information and to prohibit certain unfair marketing and business practices.

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The Financial Intelligence Center Act (FICA)

The act exists to prevent money laundering, fraud, tax evasion, financing of terrorism & other related criminal activity that aims to misuse our financial systems. The Act requires certain accountable institutions such as Banks, Estate agents and Attorneys to validate and verify their client's identity before a business transaction can take place

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