The centre for affordable housing finance in africa cahf has accessed this document from an external source. Whereas in terms of section 26 of the constitution of the republic of south africa, 1996 act no. Chapters 3 and 6 of the constitution of the republic of south africa, 1996 act no. Rental housing amendment act 35 of 2014 south african. Introduction the rental housing amendment act hereafter the act, act 35 of 2014, has been assented to parliament and signed by the president. The obligations of tenants as well as landlords are covered in statutory, as well as nonstatutory law in south africa. These rights and responsibilities are set out in the rental housing act 1999. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Section 26 in the bill of rights, guarantees the right to have. E it enacted by the parliament of the republic of south africa, as follows. Rather, it provides a simplified yet comprehensive guide to policies, legislation, jurisprudence and practice in relation to urban housing in south africa, which will hopefully be useful to a wide. Rental housing act housing consumers protection measures amendment act. What the law says about rental deposits south africa news. Rental housing amendment act brings changes michalsons.
Towards a policy foundation for the development of human settlements legislation 3 chapter 1 introduction a. A resource guide to housing in south africa 19942010 housing policy development. The date when the act will come into operation is yet to be announced. The rental housing act, which governs residential tenantlandlord relationships, links the refunding or withholding of tenants deposits to inspections of the property. Schedule 4a makes the housing function a concurrent national and provincial legislative competence. Avoid unscrupulous rental agents and potential pitfalls by knowing the rules of renting in south africa. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Amended by housing amendment act 4 of 2001 from 1 feb 2002. In terms of the amended s 6, ch 4 applies to all provinces of south africa. During the period of apartheid, pre1994, population groups in south africa were segregated into separate residential areas. Section 1 of the rental housing act, 1999 hereinafter referred to as the principal. In terms of the amended s 7, every mec must, within the first financial year following the commencement of the amendment act, establish a rental housing tribunal in the. Chapter 4 of the act regulates all aspects of the rental housing tribunal. Be it enacted by the parliament of the republic of south africa, as.
Notice to tenant of rent increase government of south. Housing problems and housing programmes in south africa. If the offender rents a home from a housing association, a red card means that the mayor of. This guide explains what you need to know before signing a contract.
The 2009 housing code describes the technical guidelines that serve as the basis for implementing the various national housing programmes. The national housing forum consisted of all major stakeholders in the housing sector and they had to develop a housing strategy and policy for south africa. A resource guide to housing in south africa 19942010. A first statistical analysis of legal protection against eviction 2015 7. Rental housing act, 1999, act no of 1999 unfair practices regulations the minister of housing has, in terms of section 151f of the rental housing act, 1999 act 50 of 1999, as amended, and in consultation with the select and portfolio committee and every mec, made the regulations in the schedule. The rental housing association of washington rhawa started out as a seattle based association that grew into a regional resource throughout the puget sound area. The rental housing act a n 50 1 the act provides clear roles and responsibilities of government in respect of rental housing property and also makes a provision for promoting access to adequate housing through creating mechanisms for ensuring the proper functioning of the rental housing market. The act also provides the necessary tools to deal with the relationship between landlords and tenants as well as the procedures to follow should a dispute arise between these parties. Pdf housing problems and housing programmes in south.
The aim of this consultancy report is to provide a comprehensive overview of the south african housing policy and debates, particularly in relation to women or vulnerable groupings more generally. National housing code, 2009 national department of human. According to bapela and stoop,1 the shortcomings of the act have recently been addressed by the enactment. In november 1993 parliament passed the housing arrangement act and this act established the national housing board and four regional housing boards. I share some of the points covered during the radio talk show.
A resource guide to housing in south africa 19942010 legislation, policy, programmes and practice. The rental housing act act governs the establishment of and the functions, duties and powers of the rental housing tribunals. Rental housing amendment act 43 of 2007 western cape. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Introduction until the rental housing amendment act 35 of 2014 the act was enacted, the relationship between landlords and tenants and dispute resolution by the rental housing tribunal, was regulated by its predecessor act 50 of 1999.
The courts can also require the state to give an account of. Section 1, 45, 910, 1516, 19 amends general law fourth amendment act 2 of 1993 amends sectional titles act 95 of 1986. Amended by rental housing amendment act 43 of 2007 from may 2008. Although at first glance, the proposed changes may not seem overly dramatic in nature, a closer study does reveal implications both for landlords and tenants. Whereas in terms of section 26 of the constitution of the republic of south africa. Page 3 also by the enactment of the rental housing act 50 of 1999 hereinafter. To define the responsibility of government in respect of rental housing property. We welcome commentary on its accuracy and relevance, which we will be happy to. The landlord is considered the supplier and the tenant is deemed to be the consumer. In the first ten years of south africas democracy the constitutional mandate was. The rental housing amendment act what does it mean for.
Payprop rental index risk analysis state of the rental industry at q1 2015, including a 4year retrospective q1 2015 the only comprehensive report on the state of the residential rental market in south africa jan mar 2015. The rental housing act 50 of 1999 the act came into force on 1. South africas vision for and approach to meeting the populations housing needs was set out in the housing white paper in 1994 and the housing act107 of 1997. Government has in terms of the housing act, 1997 act no 107 of 1997 introduced a variety of programmes which provide the poor households access to adequate housing. But did you know that the consumer protection act cpa also applies to lease agreements. South africa centre for affordable housing finance africa. Legislation national department of human settlement. In an effort to serve all those in the rental housing industry regardless of geographic location in washington, rhawa expanded to become a statewide association in 2012. The overview is intended to enable the gender programme to. The duties and right of tenants and landlords under swiss and south. Amendment of section 1 of act 50 of 1999, as amended by act 43 of 2007 1. Read more to get all the info you need about renting or letting property. South african law gives important rights and protections to tenants living in. These are known as the gauteng unfair practices regulations.
And whereas the parliament of the republic of south africa recognises that housing, as adequate shelter, fulfils a basic human need. This is according to adrian goslett, regional director and ceo of remax of southern africa, who says according to section 5 of the rental housing act, no. Chf international south africa a model for cooperative housing development in south africa 1. National department of human settlements strategic plan.
The state is mandated to take steps to achieve the progressive realization of this right. Many people do not realise the impact the rental housing amendment act has on the leasing of residential property in south africa. Make sure you understand the rental regulations in south africa before signing on the dotted line to rent accommodation in cape town, pretoria, durban or anywhere around. Section 1 of the rental housing act, 1999 hereinafter referred to as the principal act, is hereby amended. B e it enacted by the parliament of the republic of south africa, as follows. In south africa, the rights of residential tenants are covered by a number of different legislation such as the rental housing act, the rental housing amendment act, which is yet to come into operation, the consumer protection act as well as the common law. The policy principles set out in the white paper on housing aim.
The rules and laws regulating evictions in south africa are complex and covers a wide variety of rental situations, each requiring specialised knowledge for the different types of letting. Rental housing informationoffice means an05ce established by a local authority in terms of section 14 1. For this reason, we cannot take responsibility for its contents, which lies with its authors and publisher. I framework for an inclusionary housing policy iiip in south africa too much local flexibility or local discretion can provide a breeding ground for corruption i or alternately for capricious and personality dependent coercion in south africa the idea of inclusionary housing has begun to capture the national. The rental housing act sets out what should be contained in a lease agreement sometimes referred to as a rental agreement or a lease. Section 26 in the bill of rights, guarantees the right to have access to adequate housing. Rental housing act centre for affordable housing finance. Prevention of illegal eviction from and unlawful occupation of land act, act no. The rental housing amendment act is the latest amendment to the rental housing act. Property owners renting residential property to tenants should note that there is a national rental housing act, the legalities of which must be noted when drawing up a lease and dealing with tenants during a lease period. Amended by housing 2nd amendment act 60 of 1999 from 15 dec 1999. Section 1, 45, 910, 1516, 19 amends general law fourth amendment act 2 of 1993. There are dozens of obvious and practical reasons why many individuals, families as.
Rhawa rental housing association of washington rental. Changes to the rental housing environment have been proposed with the rental housing amendment act. Amended by housing amendment act 28 of 1999 from 30 apr 1999. Any person that contravenes the act can be held liable and face criminal charges, but landlords specifically are a focus of the proposed. The rental housing act and the regulations are available in a separate booklet produced by seri. The rental housing act requires that deposits be kept in an interestbearing account, writes georgina crouth. By eviction lawyers south africa may 19, 2015 evictions, lease agreement, rent. Renting and tenant rights in south africa expatica.
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