Landlord Association of South Africa

Landlords Association of South Africa (LASA)

Code of Conduct (COD)

“COD” shall mean the Code of Conduct and forms part of the conditions of membership to the Landlords Association of South Africa (LASA), available at www.landlordsassociation.co.za. This Code must be read in conjunction with our Terms and Conditions. By applying for membership, each applicant agrees to be bound by this Code.

The Code of Conduct sets out the standards expected from members and aims to promote:

• A high standard of conduct among landlords

• Protection of tenants and the general public from bad practices

• Improved relationships between landlords, local authorities, and government

• The professional reputation of the private rental sector in South Africa

LASA uses modern digital tools and social media to keep members informed of relevant legislative developments. However, all advice given is general in nature. Members agree not to act on any guidance provided without first obtaining independent legal advice. LASA does not accept liability for losses or legal consequences based on general advice.

This Code of Conduct, including the Disciplinary Procedure, may be amended from time to time.

CODE OF CONDUCT

Rule 1 – Duty of honesty and integrity
Members must not act dishonestly, deceitfully, or in any manner that is unfair or brings LASA into disrepute. This rule upholds the reputation of the organisation and its members without restricting legitimate competition or the rights of landlords.

Rule 2 – Adherence to the aims of the Association
Members must conduct their business in accordance with the aims and mission of LASA when acting as landlords or in any related business capacity.

Rule 3 – Fair business conduct
Members must not use oppressive, deceitful, or misleading tactics. They must avoid exploiting tenants due to age, disability, language barriers, lack of knowledge, bereavement, or emotional distress. Harassment is strictly prohibited.

Rule 4 – Compliance with South African law
Members must comply with all relevant laws and regulations, including but not limited to:

• Rental Housing Act 50 of 1999

• Consumer Protection Act 68 of 2008

• Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act)

• Occupational Health and Safety Act 85 of 1993

• Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000

While LASA may offer guidance, each member remains solely responsible for ensuring legal compliance and should obtain independent legal advice.

Rule 5 – Conflict of interest
Any actual or potential conflict of interest must be disclosed to tenants, clients, or LASA. Transparency is essential in all dealings with the public and fellow members.

Rule 6 – Insurance
All members must maintain appropriate Public Liability Insurance. This applies to landlords and letting or managing agents alike.

Rule 7 – Letting and managing agents’ obligations
Members acting as agents must stay informed of legislation and best practices in property letting and management. Professional indemnity insurance is required for such members.

Rule 8 – Confidentiality and data protection
Members must respect the confidentiality of LASA, fellow members, and tenants. Information obtained through LASA (verbally or in writing) must not be disclosed or published without written approval from LASA. While South Africa does not have GDPR, compliance with POPIA (Protection of Personal Information Act 4 of 2013) is mandatory.

Rule 9 – Non-discrimination
Members must not discriminate against any tenant, client, or member of the public based on race, gender, disability, age, sexual orientation, religion, language, marital status, nationality, or family responsibility. This aligns with South African human rights laws and the Constitution.

Rule 10 – Cooperation with disciplinary procedures
Members must cooperate fully with any disciplinary investigations and respond to correspondence promptly. They have the right to attend disciplinary hearings and be represented.

Rule 11 – Unlawful eviction and harassment
Members must not harass tenants or unlawfully evict them. All eviction procedures must comply strictly with the PIE Act and Rental Housing Act. Any deviation may result in legal and disciplinary action.

Rule 12 – Legal awareness and compliance
Members must stay updated on current and upcoming South African legislation related to the rental sector. While LASA provides regular updates, ultimate responsibility lies with the member to remain compliant and legally informed.

Rule 13 – Professional conduct
Members are expected to act with professionalism and courtesy toward tenants, clients, authorities, and the public. This includes good communication, reasonable responsiveness, and fair treatment in all dealings.

Rule 14 – Quality of accommodation
Members must aim to provide rental accommodation that meets or exceeds the minimum legal standards set by national and local authorities. Health, safety, and habitability requirements must be upheld at all times.

DISCIPLINARY PROCEDURE

This procedure applies when a formal complaint is lodged with the Secretary of LASA.

Filing a Complaint:

• The complaint must be in writing, signed, and include full contact details of the complainant.

• The complainant must have attempted to resolve the matter directly with the member before approaching LASA.

• The complaint must provide detailed grounds and any supporting evidence.

Procedure:

• The complaint will only be reviewed if the member has responded inadequately or failed to respond within 14 days (after at least one written reminder).

• Both parties will be given the opportunity to present their side before a decision is made.

• The hearing committee’s decision is final unless new, material evidence is provided. In such a case, the Secretary may allow an appeal.

Important Note:
This process is designed to uphold the reputation of LASA and the private rental sector. It does not replace legal proceedings or serve as an alternative dispute resolution forum.

Conclusion
All members of LASA are bound by this Code of Conduct. It sets the standard for ethical, lawful, and professional practice in the South African private rental sector. Members who uphold these principles contribute positively to the industry and public confidence.

If you are not yet a member, we invite you to join LASA today at www.landlordsassociation.co.za.