Formed in 2001, the Tribunal consists of 5 members (including a chair and vice chairperson), appointed by the Provincial Minister of Housing, who have expertise in property management, housing development and consumer matters pertaining to rental housing. The Tribunal is assisted by the Support Component of the Directorate Housing Settlement.

The Tribunal seeks to:

• Harmonise relationships between landlords and tenants in the rental housing sector.
• Resolve disputes that arise due to unfair practices.
• Inform landlords and tenants about their rights and obligations in terms of the Rental Housing Act.
• Make recommendations to relevant stakeholders.

• To promote stability in the rental housing sector in the Western Cape.
• To create mechanisms to deal with disputes in the rental housing sector.
• To facilitate, investigate, mediate and conduct hearings to resolve disputes.
• To inform landlords and tenants of their rights and obligations should unfair and unlawful practices arise.

• How do you lodge a complaint?
• Who may lodge a complaint?
• What is mediation?
• What is a hearing?
• What happens if the parties don't stick to the Tribunal's decision?
• Contact Details

Complaints must be lodged on the complaint form which can be obtained from the Tribunal.
A case file will be opened and a reference number allocated.

The Tribunal will conduct a preliminary investigation to determine whether the complaint relates to a dispute in respect of a matter which may constitute an unfair practice. An inspector may inspect the property concerned and compile a report if necessary.

The Tribunal must, within 30 days of receipt of the complaint, determine whether the complaint relates to a dispute in respect of a matter which may constitute an unfair practice.

If the complaint does not relate to such a dispute, the complainant will be notified in writing. If the complaint does relate to such a dispute, the Tribunal will try to resolve the matter with informal/formal mediation. If the parties are unable to reach an agreement, the case will be referred for a ruling at a formal hearing.

Any tenant or landlord or group of tenants or landlords or interest group in the Western Cape Province may lodge complaints to the Western Cape Rental Housing Tribunal.

It is a process that encourages people to resolve disputes by talking in an informal, safe and confidential manner. Trained, experienced and impartial mediators help the parties to come to an agreement. The parties decide what is in the agreement and not the mediators. An agreement can be made an order by the Tribunal.

A hearing is a process whereby the both parties can state their cases, with supporting evidence, in order for the Tribunal to make a ruling which is final and binding on the parties. Proceedings of the Tribunal can only be brought under review before the High Court.

A ruling by the Tribunal is regarded as an order of a Magistrates' Court.

Any person who fails to comply with Section 16 will be guilty of an offence and is liable, on conviction, to a fine or imprisonment not exceeding two years, or both. For example if you:

• Fail to attend a hearing without sufficient cause.
• Refuse to be sworn in.
• Refuse to produce any document or object in his possession
• Intend to deceive the Tribunal.
• Wilfully make false statements.

Fax: 021 483 2060

The Western Cape Rental Housing Tribunal
Private Bag X9083, Cape Town, 8000