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- Is amended by Rental Housing Amendment Act, 2007
- Is commenced by Rental Housing Act, 1999: Commencement
South Africa
Rental Housing Act, 1999
Act 50 of 1999
- Published in Government Gazette 20726 on 15 December 1999
- Assented to on 9 December 1999
- Commenced on 1 August 2000 by Rental Housing Act, 1999: Commencement
- [This is the version of this document from 13 May 2008.]
- [Amended by Rental Housing Amendment Act, 2007 (Act 43 of 2007) on 13 May 2008]
Chapter 1
Introductory provisions
1. Definitions
In this Act, unless the context otherwise indicates—"dwelling", includes any house, hostel room, hut, shack, flat, apartment, room, outbuilding, garage or similar structure which is leased, as well as any storeroom, outbuilding, garage or demarcated parking space which is leased as part of the lease;"financial institution" means a bank as defined in the Banks Act, 1990 (Act No. 94 of 1990);"head of department" means the officer in charge of a department of the provincial government responsible for housing in the province;"House Rules" means the rules in relation to the control, management, administration, use and enjoyment of the rental housing property;"landlord" means the owner of a dwelling which is leased and includes his or her duly authorised agent or a person who is in lawful possession of a dwelling and has the right to lease or sub-lease it;"lease" means an agreement of lease concluded between a tenant and a landlord in respect of a dwelling for housing purposes;"MEC" means the member of the Executive Council of a province responsible for housing matters;"Minister" means the Minister of Housing;"periodic lease" means a lease for an undetermined period, subject to notice of termination by either party;"prescribed" means prescribed by regulation by the MEC, by notice in the Gazette;"regulation" means a regulation made in terms of section 15;"rental housing property" includes one or more dwellings;"Rental Housing Information Office" means an office established by a local authority in terms of section 14(1);"tenant" means the lessee of a dwelling which is leased by a landlord;"this Act" includes any regulation;"Tribunal" means a Rental Housing Tribunal established under section 7;"unfair practice" means—(a)any act or omission by a landlord or tenant in contravention of this Act; or(b)a practice prescribed as a practice unreasonably prejudicing the rights or interests of a tenant or a landlord.[definition of "unfair practice" substituted by section 1 of Act 43 of 2007]Chapter 2
Promotion of rental housing property
2. Responsibility of Government to promote rental housing
3. Measures to increase provision of rental housing property
Chapter 3
Relations between tenants and landlords
4. General provisions
5. Provisions pertaining to leases
Chapter 4
Rental Housing Tribunal
6. Application of Chapter
Unless a province has before or after the commencement of this Act, enacted legislation providing for matters dealt with in this Chapter, this Chapter will apply to such province.7. Establishment of Rental Housing Tribunals
The MEC may by notice in the Gazette establish a tribunal in the Province to be known as the Rental Housing Tribunal.8. Functions of Tribunal
The Tribunal must fulfil the duties imposed upon it in terms of this Chapter, and must do all things necessary to ensure that the objectives of this Chapter are achieved,9. Composition of Tribunal
10. Meetings of Tribunal
11. Staff
12. Funding of and reporting on activities of Tribunal
13. Complaints
14. Information Offices
15. Regulations
Chapter 5
General provisions
16. Offences and penalties
Any person who—17. Review
Without prejudice to the constitutional right of arty person to gain access to a court of law, the proceedings of a Tribunal may be brought under review before the High Court within its area of jurisdiction.18. Repeal and amendment of laws
The laws specified in the Schedule are repealed or amended to the extent indicated in that Schedule.19. ***
[section 19 repealed by section 9 of Act 43 of 2007]20. Short title and commencement
History of this document
13 May 2008 this version
Amended by
Rental Housing Amendment Act, 2007
01 August 2000
Commenced by
Rental Housing Act, 1999: Commencement
15 December 1999
09 December 1999
Assented to
Cited documents 5
Legislation 5
Documents citing this one 116
Gazette 90
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- Limpopo Provincial Gazette dated 2014-07-15 number 2391
- Limpopo Provincial Gazette dated 2014-10-17 number 2432
- Limpopo Provincial Gazette dated 2017-03-30 number 2800
- Limpopo Provincial Gazette dated 2018-05-23 number 2907
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- Mpumalanga Provincial Gazette dated 2013-01-29 number 2129
- Mpumalanga Provincial Gazette dated 2013-07-10 number 2190
- Mpumalanga Provincial Gazette dated 2019-11-01 number 3102
- North-West Provincial Gazette dated 2009-07-28 number 6667
- North-West Provincial Gazette dated 2020-02-03 number 8095
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- South Africa Government Gazette Regulation Gazette dated 2011-07-08 number 34422
- South Africa Government Gazette Regulation Gazette dated 2014-07-18 number 37841
- South Africa Government Gazette Regulation Gazette dated 2015-10-02 number 39247
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Judgment 24
- Allied Value Investors (Pty) Ltd v Lebitse and Others (28859/2020) [2022] ZAGPJHC 805 (20 October 2022)
- Batchelor v Gabie (125/2000) [2001] ZASCA 134 (28 November 2001)
- Beadica 231 CC and Others v Trustees for the time being of the Oregon Trust and Others [2020] ZACC 13 (17 June 2020)
- Body Corporate of Candice Glades v Derrocks Attorneys and Another (47219/21) [2022] ZAGPJHC 381 (6 June 2022)
- Capital City Housing NPC and Another v Msunduzi Municipality and Others (1046/2021 P) [2023] ZAKZPHC 93 (1 September 2023)
- City Of Cape Town v Hussain and Others (A41/2023) [2023] ZAWCHC 108 (22 May 2023)
- Dlamini Inc v Transnet SOC Ltd and Others (16593/19; 23785/19) [2022] ZAGPJHC 904 (2 June 2022)
- Essat v Fletcher and Others (40642/20) [2022] ZAGPJHC 1075 (17 June 2022)
- Essat v Fletcher and Others (40642/2020) [2022] ZAGPJHC 375 (17 June 2022)
- Former Way Trade & Invest (Pty) Ltd v Bright Idea Projects 66 (Pty) Ltd (1341/2018) [2020] ZASCA 118 (1 October 2020)
- Frannero Property Investments 202 (Pty) Ltd v Clement Phuti Selapa and Others (222 of 2020) [2022] ZASCA 61 (29 April 2022)
- Joseph and Others v City of Johannesburg and Others [2009] ZACC 30 (9 October 2009)
- Lamroo (Pty) Ltd and Others v Theron and Others (3019/2023) [2024] ZAFSHC 17 (8 February 2024)
- Maleke v Gauteng Housing Tribunal NNO and Others (43019/2020) [2023] ZAGPJHC 132 (17 February 2023)
- Maphango (Mgidlana) and Others v Aengus Lifestyle Properties (Pty) Ltd (611/2010) [2011] ZASCA 100 (1 June 2011)
- Maphango and Others v Aengus Lifestyle Properties (Pty) Ltd (CCT57/11) [2012] ZACC 2 (13 March 2012)
- Melrose Arch Investment Holdings (Pty) Ltd v Ngiele and Others (23781 of 2019) [2022] ZAGPJHC 762 (11 October 2022)
- Moranduzzo v Stewart and Another (16049/21) [2021] ZAGPJHC 412 (22 October 2021)
- Ndlovu v Ngcobo, Bekker and Another v Jika (1) (136/2002; 240/2001) [2002] ZASCA 87 (30 August 2002)
- SOHCO Property Investments NPC v Stemmett and Others (12553/2020) [2023] ZAWCHC 64 (16 May 2023)
- Toproot Property Management (RT) (Pty) Ltd v Mbango and Others (1617/20) [2021] ZAGPJHC 388 (30 November 2021)
- Toro yo Africa Consultants v Riddle NO and Another (11808/2022) [2023] ZAGPJHC 738 (26 July 2023)
- Unlocked Properties 18 (Pty) Ltd v Mjikwa and Others (31036 of 2021) [2022] ZAGPJHC 625 (7 September 2022)
- Vajeth and Another v Jongwana and Others (19616/2022) [2023] ZAGPJHC 393 (28 April 2023)