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Should there be any damage caused to the property by
the tenant at this point (the inspection), the tenant has
effectively given up their rights to receive quotes or to do
the repairs themselves. They had an obligation to return
the property in the same good condition that they
received it in at the start of the lease and had the
opportunity to do any repairs required BEFORE the end of

the lease.

The only right they have is to see the receipts or invoices
of the actual cost of repairs that the landlord has done.

The RHA specifies that the cost of repairs done by the landlord, using the tenant’s deposit
must be “reasonable” and the landlord also cannot withhold any money for damages if the
damages are not actually repaired. You can only use the tenant’s deposit when you have
incurred a cost to have the repairs done.

CRIMINAL OFFENCES IN TERMS OF THE RENTAL HOUSING ACT

The following are criminal offenses if committed by
the Landlord.

Not attaching a defects list to the lease

Not attaching house rules to the lease
If you don’t comply with a Rental Housing Tribunal
ruling, or if you try to deceive them

Unlawfully locking a tenant out or shutting off
utilities – spoliation is a criminal offence!

New criminal offences in terms of the 2014 Amendment Act
(when promulgated)

Not repaying a tenant deposit and interest
Not providing a habitable dwelling (i.e. failure to do required
repairs and maintenance)

Not reducing a lease to writing

Strange as that may seem, this is the law in South Africa!

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