oa De Rebus - Unpacking the Rental Housing Amendment Act 35 of 2014 : feature
|Article Title||Unpacking the Rental Housing Amendment Act 35 of 2014 : feature|
|© Publisher:||Law Society of South Africa|
|Affiliations||1 University of South Africa and 2 University of South Africa|
|Publication Date||Mar 2016|
|Pages||18 - 20|
The Rental Housing Act 50 of 1999 (the Act) came into force on 1 August 2000. This Act regulates the relationship between landlords and tenants and it provides for dispute resolution by the Rental Housing Tribunal. This Act has often been criticised for its shortcomings especially pertaining to enforcement (SI Mohamed 'Enforcement of Rental Housing Tribunal Orders' June 2008 Property Law Digest 3; PN Stoop 'The law of lease' 2008 Annual Survey of South African Law 891; SI Mohamed 'RHTs "Exclusive" Jurisdiction over Unfair Practice' June 2012 Property Law Digest 9). However, the Constitutional Court in Maphango and Others v Aengus Lifestyle Properties (Pty) Ltd 2012 (3) SA 531 (CC) stressed the importance of the Act and the Rental Housing Tribunal. The shortcomings of the Act have recently been addressed by enactment of the Rental Housing Amendment Act 35 of 2014 (Amendment Act), which will come into operation on a date to be proclaimed. Only a few landlords, tenants or practitioners have taken notice of the Amendment Act despite it having a substantial impact on the rental industry, and landlords and tenants. Some of the major amendments are pointed out in the overview below.
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