Tenant challenges: Key issues and tips

Understand the most common challenges tenants encounter, from maintenance delays to communication breakdowns with landlords. Gain insights into the everyday issues renters face and how to navigate them effectively.

PG van der Linde, rentals manager for Seeff Pretoria East provides some answers to often asked tenant questions.

One of the first, is whether a tenant can make changes to a rental property. Van der Linde says tenant requests are common, but it should be noted that a tenant cannot make any structural changes or install fixtures without written consent from the landlord. It is advisable to ask for any changes such as changing the paint colour, before moving in.

Even if the landlord approves the modification, tenants should note that they will not automatically be entitled to compensation, unless agreed to by the landlord. Unless otherwise agreed, the property must be reinstated at the end of the lease.

What happens if the tenant needs to cancel the lease before the expiry date? An ordinary tenant can cancel a lease in terms of the Consumer Protection Act, but must give 20-business days' notice. Van der Linde says a sudden vacant property can mean a loss of rental income for the landlord who is entitled to receive all rent up to the termination date, as well as a reasonable cancellation penalty to cover the period of vacancy before another tenant moves in, and the costs of sourcing a new tenant. It is recommended that the lease agreement should stipulate the reasonable cancellation penalty upfront so that there can be no issues around it.

What happens if the tenant can't pay their rent on time? The lease agreement will stipulate the date upon which the rent must be paid. It is usually paid monthly in advance on the first day of the month. If unpaid by the second day, it is late, and unless an arrangement is made, the landlord can then place the tenant in breach by sending a letter of demand. The tenant usually has 20-business days to make the payment, failing which the landlord can cancel the lease and give the tenant notice to vacate. The tenant will remain liable for any outstanding rent and the landlord will have the option of blacklisting the tenant. It is therefore best for the tenant to be upfront with the landlord if they are experiencing financial difficulties.

How can a tenant ensure that they get their deposit back? Van der Linde says that the deposit generally serves as a security and damages deposit. The tenant is obliged to maintain the property in the same condition as it was on occupation, but obviously excluding fair wear and tear.

Incoming and outgoing inspections, signed by both parties, will be important documents to track any damage. It is also recommended to take photographs, and possibly a video record of the condition of the property on occupation.

Although tenants are responsible for maintaining the property, it is also expected that some wear will occur during their tenancy. These are usually easy to spot such as faded paint or scuffed door handles. Anything beyond that which are obvious damage such as excessively worn carpets or stains, damage to walls or cupboards would be considered damage. In those cases, the tenant will be expected to undertake the necessary repairs or restoration. If the tenant fails, then the landlord can have it done, but the costs must be reasonable and agreed to by the client.

How can disputes between the tenant and landlord be resolved? The Rental Housing Tribunal is a dispute mechanism to assist both parties (tenant and landlord) in an impartial manner. Almost any issue pertaining to the lease agreement and occupation of the property can be taken to the Tribunal. This could include failure by the landlord to refund the deposit, or deducting too much from the deposit. Any finding is final and binding on the parties, but can be taken on review to the High Court.

Additional information: 

According to the Department of Human Settlements, a Rental Housing Tribunal has the authority to deal with disputes, complaints or problems between tenants and landlords in the rental housing dwellings:

- Non-payment of rentals
- Failure to refund the deposit
- Invasion of tenant's privacy, including family members and visitors
- Unlawful seizure of tenant's goods
- Discrimination by landlord against prospective tenants
- The changing of locks
- Lack of maintenance and repairs
- Illegal evictions
- Illegal lockout or illegal disconnection of services
- Damage to property
- Demolition and conversion
- Forced entry
- House rules
- Intimidation
- Issuing of receipts
- Municipal services
- Nuisance
- Overcrowding and health matters

In terms of section 13(13) of the Rental Housing Act 50 of 1999, a ruling of the Tribunal is deemed to be an order of a Magistrate's Court in terms of the Magistrate's Court Act, 1994.