Landlord vs tenant: Daggafontein couple discriminate on basis of race and gender

It is not uncommon for landlords to do some prior research before letting their property to a tenant.

These include your work history and a credit check.

However, some landlords are reportedly using that information to discriminate against potential tenants.

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A staff member of the Addie recently had such an experience with a couple from Daggafontein who were looking for a tenant for their garden flat.

This prompted the Addie to look into the challenges faced by potential tenants.

“I was looking to rent a garden cottage from a couple and firstly they asked me what nationality I was and then asked what racial group I belong to.

“When I told them I was South African and black, they told me it would be R5 000 a month.”

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The staff member then enlisted the help of other staff members and the phoning began with each person calling the landlord and receiving a different answer to the questions of whether the flat was available, how much the rent is and whether this included water and lights.

“A white English speaking co-worker called them and was told it would cost R3 500 a month including water and lights.

“My black co-worker called them 10 minutes later only to be told it was taken.

“However, the plot thickened when, later that morning, my Afrikaans speaking co-worker called and said she and ‘her wife’ were looking to rent the place, and they stated it would be R3 000 a month.

“My white English speaking boss then called and was also told the flat would cost R3 000 a month and she was invited to come and see the place,” says the staff member.

According to Robert Sousa, an attorney based in Strubenvale, this is a clear case of discrimination.

“I can refer you to Section 4(1) of the Rental Housing Act wherein it is expressly stipulated that discrimination of any nature is not allowed.

“Therefore on the facts, it would appear that the Rental Housing Tribunal could be approached.

“A further relief that is available would be to approach the Equality Court,” says Sousa.

When the Addie approached the couple, the woman declined to speak to us and gave the phone to her husband.

“I only want white men over the age of 40.

“The youngsters smoke nyaope.

“There are no females allowed here,” says the man.

When the Addie pointed out that he was discriminating against certain groups of people, the man responded by saying, “There’s no discrimination here. What’s your problem?”

He then refused to talk any further and hung up.