Earlier this year, our director addressed the key principles of the Rental Housing Act, as amended by the Rental Housing Amendment Act, during a radio interview. This legislation regulates the relationship between a landlord and a tenant, even before the lease agreement is signed. Many tenants, particularly students and young professionals, struggle to recover their rental deposits at the end of a lease. Often, this is due to a lack of awareness regarding their rights, coupled with landlords or agents who exploit vague policies and the tenantโs inexperience.
Here are some key points all tenants should know:
๐ญ. ๐๐ฒ๐ฝ๐ผ๐๐ถ๐๐ ๐บ๐๐๐ ๐ฒ๐ฎ๐ฟ๐ป ๐ถ๐ป๐๐ฒ๐ฟ๐ฒ๐๐
According to the Rental Housing Act, landlords are required to invest deposits in an interest-bearing trust account, with the interest accruing to the tenant. Tenants have the right to request written confirmation of both the account and the interest accrued over the lease period.
๐ฎ. ๐๐ฎ๐๐ณ๐๐น ๐ฑ๐ฒ๐ฑ๐๐ฐ๐๐ถ๐ผ๐ป๐ ๐ผ๐ป๐น๐
A landlord may only make deductions from the deposit for actual rental arrears or damages beyond fair wear and tear. All deductions must be substantiated with invoices or receipts. Without these, deductions can be considered unlawful.
๐ฏ. ๐๐ป๐๐ฝ๐ฒ๐ฐ๐๐ถ๐ผ๐ป๐ ๐ฎ๐ฟ๐ฒ ๐ฐ๐ฟ๐ถ๐๐ถ๐ฐ๐ฎ๐น
Both incoming and outgoing inspections are required by law. Tenants should insist that it be conducted in person and that a written record be kept thereof. Time-stamped photographs of the propertyโs condition at both stages can help prevent disputes.
๐ฐ. ๐ก๐ฆ๐๐๐ฆ ๐๐๐๐ฑ๐ฒ๐ป๐๐ ๐ฎ๐ป๐ฑ ๐ฑ๐ฒ๐ฝ๐ผ๐๐ถ๐๐
Where tenants are funded by NSFAS, landlords may not insist on upfront deposits or rental payments while a student awaits confirmation of funding. This is not a discretionary policy โ it is legally enforceable.
๐ฑ. ๐๐ผ๐บ๐บ๐ผ๐ป ๐๐ฎ๐ฟ๐ป๐ถ๐ป๐ด ๐๐ถ๐ด๐ป๐
๐ฑฬฒ๐ฬฒโฬฒ๐ฬฒ๐ฬฒ๐ฬฒ๐ฬฒ๐ฬฒ๐ฬฒ๐ฬฒ๐ฬฒโฬฒ๐ฬฒ๐ฬฒ:ฬฒ
1. You are asked to pay a deposit without a signed lease.
2. There is no formal inspection or record-keeping.
3. You receive vague reasons for withholding your deposit (e.g., โadmin feesโ or โcleaning costsโ with no documentation).
4. Youโre told to wait indefinitely for repayment without a timeline or proof of payment processing.
๐ฒ. ๐๐ถ๐๐ฝ๐๐๐ฒ ๐ฟ๐ฒ๐๐ผ๐น๐๐๐ถ๐ผ๐ป ๐ถ๐ ๐ฎ๐ฐ๐ฐ๐ฒ๐๐๐ถ๐ฏ๐น๐ฒ
The Rental Housing Tribunal offers tenants an accessible and cost-free avenue for resolving disputes. No legal representation is needed, cases are heard relatively quickly, and the Order is legally binding.
๐๐ป ๐๐๐บ๐บ๐ฎ๐ฟ๐:
Your deposit remains your money until a landlord can lawfully prove otherwise – the law exists to protect the rights of both parties in a rental agreement.
Letโs raise awareness, as many first-time renters are vulnerable to exploitative practices. Knowledge is power.