Rental tribunal adjudicates disputes

Although the Limpopo Rental Housing Tribunal is located within the Department of Cooperative Governance, Human Settlements and Traditional Affairs (Coghsta), it is an independent and impartial body that adjudicates disputes between landlords and tenants.
According to tribunal chairperson Robert Mokgalabone, a decision of the tribunal is equivalent to that of a magistrate’s court, meaning that it is final and binding and can only be overturned by the High Court on review. The tribunal is an administrative body with some judicial powers, established to regulate the rental housing market, he explained.
The body has a mandate to resolve all allegations of unfair practices in the rental sector, whether perpetrated by the landlord or a tenant. “According to our statistics for the past three years, the most common disputes which were referred to the tribunal by tenants in order of hierarchy included non-refund of deposits, not maintaining the premises, unfair termination of the lease agreement, lock-out for purposes of rent collection, cutting off water and electricity and withholding of tenant’s property by landlord,” Mokgalabone said.
He added that landlords reporting paterns for the past three years in order of hierarchy were non-payment of rent, non-payment for services, refusing to vacate the premises after termination of lease agreement and untidy tenants among others. Mokgalabone outlined that before the matter is referred to the tribunal for a hearing, a mediator will be appointed to try and resolve the dispute and stressed that the body has 90 days to finalise the dispute from the date it is lodged.
He went on to indicate that although legal representatives are welcome at the tribunal, people who cannot afford a lawyer will get justice as the processes are simple and free.

Story: ENDY SENYATSI
>>endy@observer.co.za