Western Cape Rental Housing Tribunal: deposits, repairs and lease disputes
6 min read · General information, not legal advice
Quick answer
The Western Cape Rental Housing Tribunal is a free service set up under the Rental Housing Act 50 of 1999. Landlords and tenants can lay a complaint about deposits, repairs, unpaid rent, lockouts and other unfair practices. Its rulings are treated like a Magistrate's Court order.
What the Tribunal can help with
Deposits that aren't refunded or interest that isn't paid
Repairs and maintenance a landlord won't do
Unpaid rent and damage to the property
Cutting off water or electricity, or changing the locks without a court order
Leases that weren't put in writing when the tenant asked
What it can't do
The Tribunal can't evict a tenant. Evictions need a court order under the PIE Act. It also only deals with residential rentals, not shops or offices.
Deposit rules to know
The deposit must be invested in an interest-bearing account, and the tenant can ask for proof of the interest.
Landlord and tenant must do a joint inspection before the tenant moves in and in the 3 days before they move out.
If there's no damage, the deposit plus interest must be refunded within 7 days after the lease ends. If repairs are needed, the balance and receipts are due within 14 days of the repairs. If the tenant doesn't attend the exit inspection, the landlord has 21 days.
How to lay a complaint
Contact the Western Cape Rental Housing Tribunal (run by the provincial human settlements department) and fill in the complaint form. Attach the lease, inspection lists, proof of payments and messages. The Tribunal usually tries mediation first, then holds a hearing if needed.
Why a written lease matters
The Rental Housing Act says a lease must be put in writing if the tenant asks. A written lease with the rent, deposit, inspection rules and notice periods is the first thing the Tribunal will ask to see.
More for Cape Town: contracts and local help in Cape Town.
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Residential Lease Agreement
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Frequently asked questions
Does the Rental Housing Tribunal cost money?
No. Laying a complaint and attending the hearing are free.
Can a landlord in Western Cape keep the whole deposit?
Only to cover unpaid rent or real damage shown at the exit inspection, and they must give receipts. Normal wear and tear can't be deducted.
Can the Tribunal evict my tenant?
No. Evictions need a court order under the PIE Act. The Tribunal can deal with unpaid rent and other disputes.
Do I need a lawyer at the Tribunal?
No. Landlords and tenants usually represent themselves.
