Last reviewed: September 2026.
This guide covers South African law and procedure. It is general information, not legal advice – see the note at the end.
Short overview:
The Rental Housing Tribunal gives landlords and tenants a free, faster alternative to court for resolving "unfair practice" disputes in residential leases – deposits, maintenance, unlawful lockouts, and similar issues – but it can't order an eviction, and getting a good outcome depends heavily on how well-documented your case is.
Each province has its own Rental Housing Tribunal, established under the Rental Housing Act 50 of 1999 to resolve disputes between landlords and tenants of residential dwellings – houses, flats, or rooms.
The service is free, no legal representation is required, and complaints can be lodged by a tenant, a landlord, a group of either, or a relevant interest group.
The Tribunal deals in "unfair practice", legally defined as a practice that unreasonably prejudices the rights or interests of a tenant or landlord.
In practice, common complaints include:
- Failure to refund a deposit
- Charging an excessive or exploitative rental
- Poor maintenance or unacceptable living conditions
- Unlawful lockouts or disconnection of services (electricity, water) without a court order
- Eviction attempted without a court order
- Discrimination by a landlord
- Non-payment of rent, or damage to the property
- Failure to issue rent receipts
- Unlawful seizure of a tenant's possessions
A critical limit on the Tribunal's power:
It cannot itself order an eviction. Evicting a tenant in South Africa requires a court order under separate legislation (the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act), regardless of what a lease agreement says or how much rent is owed.
A landlord who locks a tenant out or cuts off services without going through the courts is themselves committing an unfair practice that the tenant can take to the Tribunal.
The most common dispute
Deposit disputes are consistently among the most common complaints the Tribunal handles, and the rules are specific:
1. A joint outgoing inspection should take place, ideally at least three days before the lease ends, comparing the property's condition to the joint incoming inspection done at the start of the tenancy.
2. If no damage or arrears are found, the full deposit (plus any interest earned, since deposits must be held in an interest-bearing account) must be refunded within 7 days of the lease ending.
3. If deductions are needed after a proper joint inspection, the balance must be refunded within 14 days of the property being restored to the landlord.
4. If the tenant doesn't respond to a request for a joint inspection and the landlord inspects alone, the refund window extends to 21 days.
5. If the landlord fails to carry out the inspection with the tenant as required, the law treats this as an acknowledgment that the property was left in satisfactory condition, meaning the landlord loses the right to make deductions at all.
Both parties should keep the inspection reports, photographs, and any repair quotes or receipts, this documentation is exactly what decides most deposit disputes at the Tribunal.
The Process, step by step
- Lodge a complaint: Using your provincial Tribunal's prescribed form, in person, by mail, or (in most provinces now) online. Keep a dated copy and get written confirmation or a case reference number.
- Initial assessment: Tribunal staff review whether your complaint actually concerns a possible unfair practice. They may request more information or arrange a property inspection.
- Investigation period: Tribunal staff generally have around 30 days to decide whether your complaint involves a genuine dispute about unfair practice.
- Case allocation and informal resolution attempt: A case officer is assigned and may first try to resolve things informally by contacting both parties directly.
- Mediation or a formal hearing: If informal resolution doesn't work, the matter proceeds either to mediation (a facilitated discussion aimed at agreement) or a formal hearing before the Tribunal board.
- Ruling: If the matter goes to a hearing, the Tribunal issues a ruling, which carries the same legal force as a Magistrate's Court judgment and can be enforced accordingly.
- Review, if you disagree: A party dissatisfied with the ruling can take the matter on review to the High Court.
Most complaints are expected to be resolved within roughly three months of being lodged, though this varies by province and case complexity.
Before you lodge a complaint:
1. Gather your documentation first:
The lease agreement, both inspection reports, photographs of the property's condition, proof of rent payments, any correspondence about the dispute, and receipts for repairs if you're a landlord making deductions.
2. Describe the unfair practice specifically:
Not just that you're unhappy, state "the landlord failed to refund my deposit within the legally required 7 days despite no damage being found at inspection", is far stronger than "the landlord is being unfair about my deposit."
3. Keep a paper trail from this point forward:
Every email or message exchanged about the dispute becomes potential evidence.
At mediation:
1. Come with a realistic outcome in mind:
Not just a complaint, mediation works when both sides can see a workable resolution.
2. Bring your documents even to an informal session:
Having the lease clause or inspection report on hand keeps discussion grounded in facts rather than recollection.
At a formal hearing:
1. Present your facts in chronological order:
When the lease started, when the dispute arose, what happened at each step since.
2. Refer to the specific section of the Rental Housing Act or the lease:
That supports your position, rather than a general sense of unfairness.
3. Bring witnesses with direct knowledge:
If relevant, a co-tenant, a contractor who assessed damage, or anyone who was present during a disputed event.
4. Stay factual and avoid personal conflict with the other party:
The Tribunal board is assessing the merits of the dispute, not who argues more forcefully.
Common Mistakes
- Assuming the Tribunal can evict a tenant:
It can't order an eviction, that always requires a separate court process.
- Skipping the joint inspection:
Which weakens either party's position significantly if a dispute later arises over damage.
- Landlords deducting from a deposit without supporting receipts or quotes:
The burden of proof sits with the landlord, and unsupported deductions are routinely overturned.
- Tenants refusing to attend the outgoing inspection:
- Taking self-help action:
- Lodging a vague complaint:
Frequently Asked Questions (FAQs)
Quick Reference Glossary
- Unfair practice – a practice that unreasonably prejudices the rights or interests of a tenant or landlord, as defined in the Rental Housing Act.
- Joint inspection – an inspection of the property conducted together by the landlord (or agent) and tenant, at both the start and end of a tenancy.
- Mediation – a facilitated, informal attempt to reach agreement between the parties.
- Tribunal ruling – the Tribunal's formal decision after a hearing, enforceable in the same way as a Magistrate's Court judgment.
- PIE Act – the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, which governs the (court-only) eviction process in South Africa.
This guide provides general information about the Rental Housing Tribunal process in South Africa as at the review date above and is not a substitute for professional legal advice. Procedures and timelines vary somewhat by province – always confirm current requirements with your relevant provincial Rental Housing Tribunal or a qualified attorney before proceeding.
