The Rental Housing Tribunal, and how to use it
Deposit not refunded. Repairs never done. Rent raised without notice. A landlord locked out a tenant, or a tenant stopped paying and will not leave. Every province has a Rental Housing Tribunal that hears these disputes for free, and its rulings carry the weight of a magistrate’s court order. It works for landlords as well as tenants, and most people on both sides have never heard of it.
What the Tribunal does, and does not do
- It hears unfair practice complaints. Section 13(1) lets any tenant or landlord lodge a complaint about an unfair practice, which the provincial regulations define. Deposits, maintenance, unlawful lockouts, cutting off water or electricity, overcrowding, exploitative rentals and unlawful entry all fall here.
- It can determine rent. Section 13(5) allows the Tribunal to make a ruling on the amount of rent payable.
- It cannot evict. Evictions belong to the courts under the Prevention of Illegal Eviction Act. Section 13(10) makes clear the Tribunal does not stand in the way of a proper eviction application where no unfair practice is in dispute.
- Its rulings bind. Section 13(13) deems a ruling to be a magistrate’s court order, enforceable in the ordinary way. Review lies to the High Court only.
- It protects the status quo. From lodging until the ruling, or three months, whichever comes first, section 13(7) stops the landlord evicting, requires the tenant to keep paying the pre-complaint rent, and requires the landlord to keep up necessary maintenance.
The deposit rules, in full
Section 5(3) of the Rental Housing Act is the part landlords most often get wrong, and it is the single biggest source of complaints.
- The deposit must be invested in an interest-bearing account with a financial institution, at a rate no lower than the applicable savings rate, and the tenant is entitled to that interest.
- Two inspections. A joint incoming inspection before the tenant moves in, and a joint outgoing inspection within the three days before the lease expires, to identify damage the landlord intends to claim for.
- Seven days to refund the deposit with interest if the tenant owes nothing.
- Fourteen days to pay the balance after deductions, counted from the restoration of the dwelling, with receipts for the repairs available for inspection.
- Twenty-one days if the tenant fails to attend the outgoing inspection: the landlord inspects within seven days of expiry and refunds the balance within twenty-one days.
- No inspection means no deduction. If the landlord does not inspect, that is deemed an acknowledgement that the property is in good repair, and the full deposit plus interest must be refunded.
How the process runs
- Lodge the complaint on the province’s prescribed form, with the lease, proof of payments, photographs and both parties’ addresses and phone numbers.
- The Tribunal registers it and writes to both parties.
- Preliminary investigation. The Tribunal decides whether the complaint amounts to an unfair practice. If it does not, the matter ends there.
- Mediation. A mediator tries to settle it. An agreement reached in mediation can be made a ruling, which makes it enforceable.
- Hearing. If mediation fails or is unsuitable, the matter goes to a hearing before the Tribunal, which takes evidence from both sides.
- Ruling. Binding, enforceable as a magistrate’s court order, and reviewable only by the High Court.
The Act itself sets only one clock, the three-month status quo period. The provinces publish their own service targets: the Western Cape says registration takes up to fourteen days and finalisation up to ninety, and KwaZulu-Natal aims to resolve within three months.
Where to lodge
| Province | How to lodge | Contact |
|---|---|---|
| Gauteng | In person at the Tribunal or a municipal Rental Housing Information Office, or by post, fax or email on the prescribed complaint form | 0860 106 166, 011 355 4000, 012 483 5020 |
| Western Cape | The Rental Housing Tribunal online service, or email the complaint form with annexures and the lease | 0860 106 166, 021 483 5020, Ground Floor, 27 Wale Street, Cape Town |
| KwaZulu-Natal | The prescribed complaint form by post, at a local authority information office, or at the Tribunal | 031 372 1800, 9th Floor Eagle Building, 353 Dr Pixley KaSeme Street, Durban |
| Other provinces | Through the provincial Department of Human Settlements | Ask for the Rental Housing Tribunal |
Take the lease, proof of every payment, the inspection reports if any, photographs, and your written exchanges. As with any tribunal, the party with the documents usually wins.
What actually goes wrong
- No written lease. An oral lease is valid, but it turns the hearing into one person’s word against another’s.
- No incoming inspection. Landlords who skip it lose the right to deduct, because the Act treats the absence of an inspection as agreement that the place was in good order.
- The deposit was spent. It must sit in an interest-bearing account. Using it for cash flow is the fastest route to a ruling against you.
- Self-help. Changing the locks, removing a door, cutting the water or electricity. All of it is an unfair practice, and none of it is a shortcut to an eviction.
- Withholding rent to force repairs. Section 13(7) requires the tenant to keep paying while the complaint runs. Stopping payment hands the landlord a case.
- Going to court first. For a deposit or a maintenance dispute the Tribunal is free and faster, and the ruling is just as enforceable.
Most of these fights start with a bad lease
Our free lease generator writes a residential lease that follows the Rental Housing Act and the Consumer Protection Act, including the deposit terms, the inspection obligations and the notice periods that keep both sides out of the Tribunal.
Build a lease, freeFrequently asked questions
What does the Rental Housing Tribunal cost?
Nothing. Every provincial tribunal states that the service is free, for landlords and tenants alike. You do not need an attorney, although you may bring one.
When must a landlord refund the deposit?
Section 5(3) of the Rental Housing Act sets three deadlines. If the tenant owes nothing, the deposit plus interest must be refunded within seven days of the lease ending. If there are repairs to deduct, the balance must be paid within fourteen days of the dwelling being restored. If the tenant fails to attend the outgoing inspection, the landlord inspects within seven days and refunds the balance within twenty-one days of the lease ending.
Can the Tribunal evict a tenant?
No. Evictions are for the courts under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act. Section 13(10) of the Rental Housing Act preserves a landlord’s right to go to court for eviction where there is no unfair practice dispute. The Tribunal rules on unfair practices, and while a complaint is running the landlord may not evict.
Is a Tribunal ruling enforceable?
Yes. Section 13(13) says a ruling by the Tribunal is deemed to be an order of a magistrate’s court under the Magistrates’ Courts Act, so it is enforced the same way as any other court order. A ruling can only be taken on review to the High Court.
What happens while my complaint is being heard?
Section 13(7) freezes the position until the ruling or three months, whichever comes first: the landlord may not evict, the tenant must keep paying the rent that applied before the complaint, and the landlord must keep the property maintained.
Does it cover commercial premises?
No. The Rental Housing Act deals with dwellings. A shop or office lease dispute goes to court, or to arbitration if the lease provides for it.
Keep exploring
Sources: the Rental Housing Act 50 of 1999, sections 1, 5(3), 13 and 17; the provincial Rental Housing Tribunal pages and complaint forms for Gauteng, the Western Cape and KwaZulu-Natal; the Gauteng Unfair Practices Regulations. Unfair practice regulations are made by each province, so definitions and service targets differ. National regulations published for comment in 2021 and 2022 would add fixed 30-day steps, and we could not confirm that either set is in force. Information, not legal advice.