In an ideal world, a rental should proceed with no issues, but life happens, for example unpaid rent, damage to a property, or breaching a rule of conduct such as keeping a pet without the landlord’s permission.
According to rental agents from the Seeff Property Group, tenants must heed the breach clauses in their lease agreement, and take their responsibilities and obligations as tenants seriously. Failure can lead to serious consequences.
READ: How to safely cancel your residential lease agreement
When you conclude a lease agreement, there will be a breach section which should be explained to the tenant. A breach of contract arises when one of the parties involved fails to fulfil their contractual obligations by either not performing their obligations, or performing them late.
The notice to remedy a breach must be in writing and provide a stipulated number of days within which to remedy the breach. The period should be set out in the lease. If not, it must be 20 working days in terms of the Consumer Protection Act (CPA).
The notice should stipulate the details of the breach and what must be done to remedy the breach. For example in the case of non-payment of rent, it should set out the amount of rent outstanding and by which date it must be paid, or by which date the repairs must be made as the case may be.
The notice should also stipulate the consequences which will follow should the tenant fail to remedy the breach. Upon receipt of the notice, the tenant should immediately study it and contact the landlord to make appropriate arrangements.
READ: The importance of having a decent lease agreement
If the tenant disputes the breach, then that must be done in writing and the necessary evidence provided. For example, rent may have been paid, but late and is not yet reflecting. Once the breach has been remedied, the tenant must advise the landlord accordingly.
If the tenant is unable to pay or fix the damage immediately, then the tenant must make appropriate arrangements with the landlord. The landlord’s response will largely depend on the nature of the breach and history of the tenant.
If it is a problematic tenant, then it will be more challenging to convince the landlord to give some leeway. Good relations with the landlord is vital, as is a commitment by the tenant to look after the property and pay their rent on time.
Should the tenant fail to rectify the breach within the time period or to make suitable arrangements, then the landlord will have the power to take the matter further including ultimately pursuing an eviction procedure.
A tenant can also issue a notice to remedy a breach if the landlord fails to execute its duties. This could for example relate to vital repairs which need to be carried out or if the landlord enters the premises without your permission.
Given the complexities around rental properties, Seeff always recommends that tenants opt to rent through accredited rental agents unless they know the property owner well.
READ: Landlord/Tenant: Tips on how to avoid conflict over rental maintenance and repairs
Additional information:
The Rental Housing Tribunal has the authority to deal with disputes, complaints or problems between tenants and landlords in the rental housing dwellings:
Any practice unreasonably prejudicing the rights or interests of a tenant or a landowner - It may, amongst other things relate to:
- Illegal lockouts or illegal disconnection of services (water, electricity etc.)
- Failure to refund a deposit
- Damage to property
- Demolitions and conversions
- Illegal evictions (The Tribunal does not have jurisdiction to hear applications for
- eviction orders)
- Forced entry
- Non-compliance with house rules
- Harassment and intimidation
- Failure to issue receipts
- Unlawful seizure of tenants’ goods
- Prohibiting the establishment of tenants’ committee and tenants’ activities
- Termination of Municipal services
- Causing a nuisance
- Overcrowding and causing health hazards
- Exploitative rentals and determination of fair rentals
- Lack of maintenance and repairs
- Non-payment of rent
- Discrimination by landlord against prospective tenants
In terms of section 13(13) of the Rental Housing Act 50 of 1999, a ruling of the Tribunal is deemed to be an order of a Magistrate's Court in terms of the Magistrate's Court Act, 1994.
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