I am experiencing some challenges with my landlord and have, as such, taken her to the Rental Housing Tribunal. Navigating this process has opened my eyes to a lot of issues with the law around lease agreements as it stands.
I moved to a cottage in Observatory about three months ago. I had posted on a website where tenants and landlords can interact. My current landlord responded, offering a shared cottage within my price range in Observatory. Please pay attention to "shared," as it becomes central to the story later on.
Before occupancy, she made it clear that she only rents to single professionals, no couples and no families. The agreement was that the cottage is a shared space: own bedroom but shared living space, kitchen, and bathroom.
Fast forward to around two weeks back, I hear lots of noisy kids running around. I send her a WhatsApp to find out when we had families move in, as that was not the agreement. She replies the following: to let me know, she has changed her mind and now accepts everyone. She also then says that she has decided that no sharing should happen. I should take the whole two-bedroom cottage, pay double the rent, or move out. I tried to get my lawyer to write to her to reason with her. In return she sent a termination of the lease agreement. We don't have any written agreement.
I took her to the rental tribunal. An invitation to mediation was sent to her. I even gave her a copy (hand delivery). The hearing was scheduled, but she did not appear. She will now be issued with a subpoena to appear at a formal tribunal. When I reported the mediation outcome to my lawyer (I copied her), her response, via email, was that the termination letter she sent stands. She has, in the past two weeks, switched off my electricity (fortunately there is solar backup, so that is how I can cook, etc.). But I have to use candles and have no hot water.
She has also programmed my remote to access the property. She has chained the main electricity box in the main house, so I have no way of checking if she has simply switched off my plug. She claims that there is an "electrical issue."
Curiously, it only affects my cottage and only happened after I challenged her illegal eviction. The tribunal mediator said that there is a loophole when landlords don't have written lease agreements that basically makes your agreement on a month-to-month basis, so it makes it easy for unscrupulous operators like this lady to try to do what she is doing. I am not leaving, though, and I am willing to take this as far as it will go. She has also kicked out four other tenants this month in this manner.
Dennys Ngoveni of Ngoveni Attorneys Inc in Pretoria advises:
This is discriminatory. You can't say that tenants cannot have children; this condition alone constitutes an unfair rental practice and is a violation of fundamental rights.
I'm pleased that the tenant has referred the matter to the tribunal. It should be noted that even if the landlord does not show up, proceedings may continue and a decision made in their absence.
