HOW A LEASE CONTRACT WORKS!

SHORTLY after moving in, Phuti found that her new place had a roof leak. 

She told her landlord, who promised to fix it, but he never did. After three months and calling the landlord countless times, the leak got worse. 

Azikhiphi! Phuti wanted to stop paying her rent until the leak was fixed, but before this, she called Scorpion Legal Protection’s 24-hour contact centre for legal advice. 

What does the law say? 

The obligations of tenants and landlords are covered in statutory law (i.e. under The Rental Housing Act) and non-statutory law in South Africa. A signed, written lease agreement should set out the obligations and rights of the tenant and landlord. If there are damages before the tenant moves in, it’s the landlord’s responsibility to repair them, unless the lease agreement says otherwise. 

The tenant’s obligations: 

Pay the agreed amount of rent on time. 

Only use the property for the purpose it’s rented for. 

Maintain the property and leave it in the same condition as found. 

Pay the deposit agreed on. 

Have a joint incoming and outgoing inspection with the landlord. 

Pay additional charges for utilities. 

Use water and electricity sparingly.

The landlord's obligations: 

Fix damages to the property before the tenant moves in. 

Request the deposit and save it separately. 

Refund the deposit when the tenant moves out. 

Can Phuti withhold her rent? 

Phuti can’t stop paying her rent because the landlord defaulted on his obligations. If Phuti doesn’t pay her rent, then the landlord can seek a court order to kick her out. 

What should Phuti do? 

She should approach the landlord to try and resolve the issue. If that doesn’t work, she can go to the Rental Housing Tribunal. 

These courts are free and operate after hours. 

They can assist with: 

Non-payment. 

Failure to refund deposits. 

Leases that are legally non-compliant. 

Rights and duties of landlords and tenants. 

Lack of maintenance. 

Service cuts-offs, threats, lock-outs, illegal evictions without a court order. 

Property damage. 

Harassment and intimidation. 

How to strike back 

Dealing with a landlord can be tricky. Luckily, Phuti’s Scorpion legal advisor spoke to the landlord on her behalf and got the leak fixed, as there was no other option but to comply with the law. 

Scorpion can assist policyholders with similar disputes.