Landlords, tenants at war

problematic tenants.
On Wednesday this week alone there were more than 30 complainants at the offices with the majority being landlords rather than tenants. The failure to pay rentals when due and the refusal to vacate rented premises after vacation notice periods expire are among the main complaints of the property owners.
Part of the problem appears to be the belief by some tenants that since they are entitled to a three months, they can get away without paying any rentals during the notice period. One such tenant seeking assistance at the Rent Board offices told this paper that he was unemployed, could not afford to pay any rentals and therefore wanted the Rent Board to order his landlord to accommodate him for free.
The Rent Board is on record as saying that while the law generally protects the tenant against exploitation, it also recognises the rights of a property owner and it obliges tenants to pay the set rentals for the properties that they occupy.
The Rent Board was created in terms of the Housing and Building Act specifically to speed up disputes and eviction cases instead of going through the normal courts. Its major function is to preside over disputes concerning rentals and eviction arising between the landlord and tenant.
The Minister of National Housing and Amenities appoints the Rent Board chairman – who must be a magistrate – the secretary, a valuer and other members. No other court hears rent disputes and eviction cases except the RB, hence it can be referred to as a special court.
Many perceive that it represents tenants, yet it is an impartial body that endeavours to resolve rent disputes and eviction matters reported to them by the aggrieved party, who could be a tenant or landlord. The secretariat screens cases and sometimes offers free counselling to the feuding parties.
However, the Rent Regulations (Statutory Instrument No. 32 of 2007) that is strictly adhered to by the RB for all their decisions in some way protect the tenants. The RB has thus been accused of protecting the tenants, yet it is the law.
The reasons for protecting tenants are based on the fact that there is a shortage of rental accommodation and landlords have more bargaining power, so a tenant is perceived as a weaker party. There are two boards – one that caters for Residential and the other the Commercial and Industrial Board. The latter deals only with rent disputed for commercial and industry.
According to the Rent Board if a landlord wants to evict a tenant he must make an application and be issued with an ejection certificate and on top of an eviction order.
The process used to be free but the Rent Board is now charging an administration fee of US$2 and US$5 for formal hearing. The secretariat then forwards it to the full board, which sits to hear the matter. When a complaint is lodged, summons are issued and served by the police on the respondent. The parties are free to bring their lawyers to represent them in hearings, which show the board’s impartiality. When the tribunal grants an eviction certificate, it is taken to the Messenger of Court who will effect the actual ejection.
The whole process from the initial application up to ejection order may take plus or minus 30 days. The tenant can appeal to the Administrative Court, but the appeal does not stop the ejection.