Landlord Association of South Africa

Specialist Support for South African Landlords

Dealing with a complaint or dispute before the Rental Housing Tribunal can be time-consuming and difficult, particularly where a landlord is unfamiliar with the Tribunal process or needs to prepare evidence in response to a tenant’s allegations.

The Landlord Association of South Africa (LASA) provides members with specialist Rental Housing Tribunal Assistance, helping landlords understand the complaint, prepare their response, organise supporting evidence and prepare for a Tribunal hearing.

Whether you have received a complaint from a tenant, are already involved in Tribunal proceedings or need assistance preparing your own complaint, our service provides practical support throughout the process.

This service is exclusively available to LASA members.

Not a member? Why not join LASA today and gain access to this service together with our other landlord support and member benefits?

What Is the Rental Housing Tribunal?

Rental Housing Tribunals deal with disputes between residential landlords and tenants and provide an important dispute-resolution mechanism within South Africa’s rental housing system.

Tribunal disputes can involve issues such as:

• Non-payment of rent
• Rental deposits
• Property damage
• Maintenance and repairs
• Unlawful or disputed charges
• Lease agreement disputes
• Property inspections
• Landlord access
• Tenant conduct
• Municipal services and utilities
• Alleged unfair practices
• Failure by either party to comply with rental obligations

Receiving a Tribunal complaint does not necessarily mean that the landlord has done anything wrong. However, landlords should take complaints seriously, comply with applicable deadlines and prepare their response carefully.

How LASA Can Help

Our Rental Housing Tribunal Assistance Service is designed to help members prepare and present their position clearly and effectively.

Depending on the circumstances, assistance may include:

• Reviewing the Tribunal complaint
• Identifying the allegations being made
• Reviewing the lease agreement
• Helping prepare the landlord’s response
• Identifying relevant legal and contractual issues
• Organising supporting documents
• Preparing an evidence file
• Reviewing inspection reports and inventories
• Organising photographs and videos
• Reviewing correspondence with the tenant
• Preparing a chronology of events
• Identifying weaknesses or gaps in the evidence
• Helping landlords prepare for mediation or a hearing
• Guidance on responding to questions or allegations
• Reviewing Tribunal correspondence and directions
• Identifying when independent legal representation may be appropriate

The assistance provided will depend on the circumstances and complexity of the particular dispute.

Received a Rental Housing Tribunal Complaint?

Don’t Ignore It

If you receive correspondence from a Rental Housing Tribunal, deal with it promptly.

Start by establishing:

What is the tenant alleging?

What outcome is the tenant seeking?

Which parts of the complaint do you agree or disagree with?

What does the lease agreement say?

What evidence do you have?

What deadlines have been imposed?

A clear and organised response is generally more effective than a lengthy emotional account of the landlord and tenant relationship.

LASA can help members focus on the relevant issues and supporting evidence.

Preparing Your Tribunal Response

A good response should address the allegations made against the landlord rather than simply providing a general history of problems with the tenant.

Depending on the case, relevant documentation may include:

• Signed lease agreement and annexures
• Rental statements and payment records
• Deposit records
• Incoming and outgoing inspection reports
• Property inventories
• Photographs and videos
• Repair and maintenance records
• Contractor reports
• Quotations and invoices
• Municipal accounts
• Emails
• WhatsApp messages
• Letters and notices
• Records of telephone conversations
• Evidence of attempts to resolve the dispute
• Relevant correspondence with managing or letting agents

Our service helps members identify which documents may be important and organise them into a more useful evidence file.

Rental Housing Tribunal Evidence Preparation

Good Evidence Can Make a Significant Difference!

A landlord may believe they are clearly in the right, but a Tribunal still needs evidence from which the facts can be established.

For example, where a dispute concerns property damage, the landlord may need evidence of the property’s condition before and after the tenancy.

Where the dispute concerns unpaid rent, the lease, rental ledger, bank records and correspondence may become important.

Where the dispute concerns repairs, evidence might include the tenant’s original complaint, inspection records, contractor correspondence, photographs, invoices and evidence showing when remedial work was completed.

LASA can help members organise their evidence so that it supports a clear account of what happened.

Creating a Tribunal Evidence File

A well-organised Tribunal file might contain the following sections:

1. Case Summary
A concise explanation of the dispute and the landlord’s position.

2. Lease Agreement
The signed lease, annexures and any subsequent amendments.

3. Chronology
A dated timeline of the important events.

4. Financial Evidence
Rental statements, payment records, deposit information and other relevant financial documents.

5. Inspection and Property Evidence
Inspection reports, inventories, photographs and videos.

6. Correspondence
Relevant emails, WhatsApp messages, letters and notices arranged chronologically.

7. Repairs and Maintenance
Contractor reports, quotations, invoices and evidence of completed work.

8. Tribunal Documents
The complaint, notices, correspondence, directions and other documents received from the Tribunal.

An organised evidence file can make it considerably easier to locate relevant information and explain your position during the proceedings.

Help Preparing for a Rental Housing Tribunal Hearing

Being asked to attend a Tribunal hearing can be daunting, particularly for a landlord who has never dealt with the process before.

LASA members can obtain assistance preparing for their hearing.

This may include helping the landlord:

• Understand the issues likely to be considered
• Review the tenant’s allegations
• Identify the important facts
• Prepare a chronology
• Organise documents
• Identify the strongest supporting evidence
• Consider weaknesses in their own case
• Prepare responses to disputed allegations
• Identify documents to have available
• Prepare a concise summary of their position

The objective is to help the landlord attend the hearing prepared, organised and able to explain their position clearly.

Rental Deposit Disputes

Deposit disputes are a common source of disagreement between landlords and tenants.

Where deductions are disputed, evidence may be required to establish why money was retained and how the amount claimed was calculated.

Relevant evidence can include:

• Deposit payment records
• Lease provisions
• Incoming inspection report
• Outgoing inspection report
• Inventory
• Before-and-after photographs
• Evidence of tenant damage
• Contractor quotations
• Repair invoices
• Receipts
• Rental account
• Correspondence with the tenant

LASA can assist members with organising the evidence supporting legitimate deposit deductions and responding to disputed claims.

Rent Arrears and Tribunal Disputes

Where a Tribunal dispute involves unpaid rent, landlords should maintain a clear rental account showing:

• Rent due
• Payment dates
• Amounts received
• Missed payments
• Partial payments
• Outstanding balance
• Any repayment arrangements
• Relevant breach correspondence

Where substantial rental arrears exist, members may also benefit from LASA’s separate Rental Arrears Recovery Service.

Maintenance and Repair Complaints

Tenants may approach the Tribunal regarding alleged maintenance failures or the condition of a rental property.

Where this happens, landlords should preserve evidence showing how complaints were handled.

This could include:

• Date the problem was first reported
• Tenant’s original complaint
• Photographs
• Inspection records
• Contractor instructions
• Appointment dates
• Attempts to obtain access
• Quotations
• Invoices
• Evidence that repairs were completed
• Correspondence with the tenant

If access was refused or delayed by the tenant, retain evidence of the landlord’s reasonable attempts to arrange access.

Prepare Before the Hearing

Before attending a Tribunal hearing, members should ensure that they understand their own case.

You should be able to explain:

What happened?

When did it happen?

What does the tenant allege?

Which allegations do you dispute?

What does the lease say?

What evidence supports your position?

What outcome are you asking the Tribunal to reach?

LASA’s assistance is designed to help members bring these elements together into a coherent case.

Who Can Use the Rental Housing Tribunal Assistance Service?

The service is exclusively available to Landlord Association of South Africa members.

It may be particularly useful where:

• A tenant has lodged a Tribunal complaint against you
• You need to respond to allegations
• You are considering lodging a landlord complaint
• You have been asked to attend mediation
• A Tribunal hearing has been scheduled
• You need help organising evidence
• You have a deposit dispute
• There is a dispute about repairs or maintenance
• Rent arrears form part of the dispute
• The tenant alleges an unfair practice
• You are unsure how to prepare your case

Already a LASA Member?

If you have received a Rental Housing Tribunal complaint or already have a hearing scheduled, contact us as early as possible.

Do not wait until immediately before a response deadline or hearing. The earlier we can review the circumstances and available evidence, the more useful the assistance is likely to be.

REQUEST TRIBUNAL ASSISTANCE

Not a Member? Join LASA Today

Rental Housing Tribunal Assistance is a members-only service.

If you are not currently a member, why not join the Landlord Association of South Africa?

Membership gives landlords access to practical support and resources designed specifically for managing residential rental property and dealing with tenant problems.

Joining before problems arise means you have somewhere to turn when you receive an unexpected tenant complaint, rent stops being paid or a dispute escalates.

View LASA Membership Options and Join

Become a member today and gain access to Rental Housing Tribunal Assistance and our other landlord member services.

Frequently Asked Questions

Can LASA help if a tenant has complained about me to the Rental Housing Tribunal?

Yes. Members can request assistance reviewing the complaint, identifying the issues, organising supporting evidence and preparing their response.

Can you help me prepare for a Tribunal hearing?

Yes. We can help members prepare their case and evidence for a Tribunal hearing. The precise assistance will depend on the circumstances and complexity of the matter.

Can LASA help me lodge a complaint against a tenant?

Members can seek assistance where they believe they have a matter that should be raised with the Rental Housing Tribunal. The appropriate route will depend on the nature of the dispute.

Can you help with evidence preparation?

Yes. Evidence preparation is an important part of this service. We can help identify and organise relevant leases, rental records, inspection reports, photographs, correspondence and other supporting documentation.

What if the dispute concerns unpaid rent?

We can assist with the Tribunal aspects of the dispute. Members may also use our Rental Arrears Recovery Service where appropriate.

What if my Tribunal hearing is only a few days away?

Contact us immediately and provide the Tribunal documents, hearing date and relevant evidence. Assistance will depend on the time available and complexity of the case, so members should contact us as early as possible.

Does LASA guarantee that I will win my Tribunal case?

No. We only give you guidance and limited assistance with the documents. You will need an attorney to represent you at the tribunal. The outcome is determined by the relevant Tribunal based on the law, facts, and evidence. Our service is intended to help members understand the process and prepare their position effectively.

Is the service available to non-members?

No. Rental Housing Tribunal Assistance is a LASA membership service. If you are not currently a member, you can join LASA and then request assistance subject to the terms and scope of the service.

Get Rental Housing Tribunal Help

If you are dealing with a tenant complaint, dispute or upcoming Tribunal hearing, good preparation matters.

LASA MEMBER?

REQUEST RENTAL HOUSING TRIBUNAL ASSISTANCE

NOT YET A MEMBER?

Join the Landlord Association of South Africa