OPINION – There is a general misconception that tenants have more rights. This notion resonates with landlords and their representatives that include rental agents, attorneys and advocates.
The Rental Housing Act 50 of 1999, as the first legislation for all South African tenants and landlords, aims to balance the contractual rights and obligations. Parties to a lease agreement, like any other contract, must follow the due legal process to enforce their rights in the event of a breach.
Herein lies the challenge. This means a party wanting to enforce her or his rights must follow the rules and principles established and entrenched in our legal system. Once the legal process is involved, the due process can be cumbersome, protracted and ultimately costly. To some minor extent, the Consumer Protection Act 68 of 2008 aimed to provide tenants protection because of the inequality of bargaining power in law, with landlords having an
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