Rental property owners and landlords need to be aware of their obligations and rights in terms of legislation governing rentals in South Africa, specifically things that they may not do.

Landlords and tenants have rights and responsibilities under the Rental Housing Act and Consumer Protection Act, and landlords cannot act arbitrarily, especially when dealing with tenant issues.

Rental agents from Seeff Southern Suburbs highlight a few important things for landlords to note:

Cut the electricity. Landlords may not cut off essential services, even if the tenant is behind on rent. Tenants have a right to these services. If rent is overdue, landlords must follow legal procedures. If it remains unpaid, they can take legal action and ultimately pursue an eviction order.

Increase the rent to cover costs. Rent increases must be in line with the provisions of the lease agreement and be legally compliant. Landlords cannot increase rent unilaterally, even if they had incurred costs connected to property repairs or maintenance, if not related to the tenant.

Discriminate against tenants. All tenants must be treated fairly, current and potential and may not be discriminated against in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act. This includes race, gender, religion, disability and sexual orientation.

Break locks or enter the property at any time. Proper notice of inspections must be given to the tenant who must be accommodating. Landlords must respect the tenant’s rights, and may not enter without permission, except for emergencies or if the tenant is refusing entry so the landlord can show the property to prospective tenants or buyers.

Neglect to maintain the property. Landlords are obliged to keep rental properties in a good and habitable condition. This includes necessary repairs to maintain health and safety standards.

If the landlord fails in its duties to maintain the property, or attend to emergency repairs not due to tenant neglect, the tenant can take legal action.

Lock a tenant out of the property or evict them unlawfully. Landlords must follow legal procedure and cannot lock a tenant out of the rental property.

Proper legal processes must be followed, and ultimately, if the tenant remains in breach, an eviction order can be obtained. Evictions must respect the rights and dignity of the tenant.

Cancel the lease before the end of the period without legal process. The lease cannot be cancelled arbitrarily even if selling the property. Unless provided for otherwise in the agreement, the landlord can only cancel the lease if there is a material breach and must follow legal procedure.

Seeff agents say that due to the legal complexities, the lease agreement has become vital to the tenancy and must preferably include clauses and provisions which protect the interests of the landlord.