When Can Being a Landlord Become a Criminal Offence?
The Property Perspective is a weekly radio show on 919 FM, airing every Tuesday at 4:15 PM with Al and Lesedi on The Drive Train.
Episode 18 | The Property Perspective with Etchells & Young
A difficult tenant does not give a landlord permission to take the law into their own hands.
In Episode 18 of The Property Perspective on 919 FM, Harry looks at the difference between an ordinary civil rental dispute and landlord conduct that can create far more serious legal consequences.
From self-help evictions and cutting services to Rental Housing Tribunal proceedings, deposits and tenant privacy, this episode highlights why landlords need to follow the correct process when a tenancy goes wrong.
In This Episode
Harry explains why most rental disputes remain civil matters but warns landlords against taking shortcuts when enforcing their rights.
Harry discusses:
The difference between a civil dispute and potentially criminal conduct
What a self-help eviction is
Changing locks or removing a tenant's belongings
Cutting water or electricity to force a tenant out
The role of the Rental Housing Tribunal
Why landlords should not ignore Tribunal proceedings
Discrimination, deposits and tenant privacy
How landlords can reduce their legal risk
Watch Episode 18
The Property Perspective airs weekly on 919 FM.
Is Every Breach of a Lease a Criminal Offence?
No.
Harry explains that most disagreements between landlords and tenants are civil or contractual matters.
Unpaid rent, property damage, maintenance disputes and disagreements around cancellation or termination would ordinarily be dealt with through the lease and the appropriate legal processes.
The danger arises when either party abandons those processes and starts taking matters into their own hands.
What Is a Self-Help Eviction?
Harry describes a self-help eviction as an attempt to force a tenant out of the property without following the required legal eviction process.
This can include changing the locks while the tenant is away, removing doors or gates, putting belongings outside or otherwise preventing the tenant from accessing the property.
A landlord may have a valid complaint against a tenant, but that does not mean the landlord can simply repossess the property without following the proper process.
Don't Cut Services to Force a Tenant Out
Another shortcut discussed in the episode is deliberately disconnecting water or electricity in an attempt to make occupation uncomfortable enough that the tenant leaves.
Harry warns landlords against using services as leverage instead of following the lawful process available to them.
Where the tenancy has broken down badly enough that eviction is being considered, professional legal advice should be obtained rather than attempting to pressure the tenant out.
An Eviction Requires the Correct Legal Process
If a tenant is in serious breach and the tenancy ultimately needs to end, Harry recommends following the formal legal route.
Eviction is a court process.
While it may take time and involve expense, attempting an unlawful shortcut can make an already difficult situation significantly worse for the landlord.
If court action may ultimately be necessary, get proper advice before taking steps that could undermine the landlord's position.
What Does the Rental Housing Tribunal Do?
The Rental Housing Tribunal deals with disputes and unfair practices arising between residential landlords and tenants.
Harry explains that it can investigate complaints, request documents, conduct mediation or hearings and make rulings in matters falling within its powers.
It provides landlords and tenants with an important dispute-resolution process outside the ordinary court route for many rental issues.
Don't Simply Ignore the Tribunal
If a landlord receives formal communication from the Rental Housing Tribunal, Harry's advice is clear: take it seriously.
The episode discusses situations such as failing to attend proceedings, refusing to provide information requested through the proper process or deliberately providing false or misleading information.
Ignoring a dispute does not make it disappear and can place the landlord in a considerably worse legal position.
Tribunal Rulings Carry Real Weight
Harry explains that a Rental Housing Tribunal ruling is not simply an informal recommendation.
Where a ruling has been made, the parties need to understand what has been ordered and comply with the proper process.
A landlord who disagrees with a ruling should obtain appropriate advice on the legal options available rather than simply deciding not to comply.
Landlords Must Also Be Careful About Discrimination
Harry also highlights discrimination as an area where landlords and property practitioners need to be particularly careful.
A landlord may have preferences about the type of tenant they would like, but an agent cannot simply carry out an instruction that is unlawful.
Tenant selection should be based on legitimate screening considerations such as affordability, verification and suitability for the tenancy rather than prohibited discriminatory criteria.
Deposits Need to Be Handled Properly
Rental deposits remain one of the biggest sources of conflict between landlords and tenants.
Harry again stresses the importance of proper records, inspections and complying with the requirements governing how deposits are handled.
Where deductions are justified, they should be supported properly.
Where money is due back to the tenant, landlords should not simply retain the deposit because there has been a disagreement during the tenancy.
Respect the Tenant's Right to Privacy
The landlord still owns the property, but the tenant is entitled to occupy and enjoy the home during the lease.
Harry cautions landlords against simply entering the property whenever they choose.
Inspections and access should be handled appropriately and with the required communication, except where a genuine emergency requires immediate action.
Ownership does not remove the tenant's right to privacy.
Intimidation Is Not a Rental Management Strategy
Once a landlord and tenant relationship has deteriorated, emotions can run high.
Harry warns against threats, harassment or intimidation as a way of forcing payment or pushing a tenant out.
The landlord has legal remedies available.
The safer approach is to document the breach, follow the lease and use the appropriate Tribunal or court process where necessary.
The Best Protection Starts Before a Dispute
As with many of the rental issues discussed throughout The Property Perspective, prevention starts at the beginning of the tenancy.
Screen tenants properly. Use a strong, compliant lease. Complete proper inspections. Keep records and deal with problems as they arise.
These steps cannot guarantee that a dispute will never happen, but they can give a landlord a much stronger position if something does go wrong.
Know When to Get Professional Advice
A difficult tenant can become expensive for a landlord, but reacting incorrectly can make the situation even more costly.
Harry recommends obtaining guidance from an experienced property practitioner or property attorney before taking serious action against a tenant.
This is particularly important where cancellation, Tribunal proceedings or eviction may be involved.
A Key Takeaway
Landlords have rights, but those rights need to be exercised through the correct process.
A tenant who does not pay rent, damages a property or breaches a lease can create a serious problem for the owner.
But changing locks, cutting services, intimidating the tenant or ignoring formal legal processes can turn one problem into a much bigger one.
Protect your property by knowing the law, keeping good records and getting professional advice before taking action.
What Is The Property Perspective?
The Property Perspective is Etchells & Young's weekly property segment on 919 FM.
Each episode explores a different aspect of property - from rentals and property management to buying, selling, legislation, sectional title living and the everyday questions property owners and tenants face.
Follow the series as we unpack more of the issues that matter to Johannesburg property owners, buyers, sellers, landlords and tenants.
Managing Your Own Rental Property?
Rental management involves more than collecting rent. Landlords also need to navigate tenant screening, leases, inspections, deposits, maintenance, arrears and the legal processes that apply when a tenancy goes wrong.
Speak to the Etchells & Young rental management team about professionally managing your investment property and reducing the day-to-day risk and administration.
