Pages

Regulation Gazette No. 44066, 11 January 2021, Vol 667 No. 11223, Page 11

20210111 - Regulation Gazette No 44066 of 11-January-2021, Volume 667 No 11223, page 11

Page	11 of 28
Gazette	Regulation Gazettes, No 44066, from 11 January, 2021
Department	Cooperative Governance
Notice	Page No. 9 of 26, Notice No. 11, Disaster Management Act (57/2002) » Amendment of Regulations issued in terms of section 27 (2)

STAATSKOERANT, 11 JANUARIE 2021                      No. 44066    11

Rental housing

38.    (1)    During the national state of disaster. the Rental Housing
                               Tribunals established under the Rental Housing Act. 1999 (Act No 50 of
                               1999) -
                               (a)     must determine fair procedures for the urgent hearing of disputes; or
                               (b)     may grant an urgent ex parte spoliation order including to restore the
                                       occupation of a dwelling or access to services provided that an
                                       affected party may, on 24 hours' notice, require that a hearing be
                                       promptly convened.
                                             (2)    During the national state of disaster and without
                               derogating from the protections afforded by the Rental Housing Act. 1999 or
                               any provincial unfair practice regulation in place or the duty to consider the
                               interests of both the landlord and tenant on a just and equitable basis. the
                                      The termination of services in circumstances where-
                               following conduct is presumed to be an unfair practice for purposes of the Act:
                               (a)
                                       (i)   the landlord has failed to provide reasonable notice and an
                                             opportunity to make representations:
                                       (ii)  the landlord has failed. reasonably and in good faith. to make the
                                             necessary arrangements including to reach an agreement
                                             regarding alternative payment arrangements, where applicable:
                                             or
                                       (iii)  no provision has been made for the ongoing provision of basic
                                                     during    national     of disaster.
                               (b)     The imposition of any penalty for the late payment of rental where the
                                       default is caused by the disaster. whether or not the penalty takes the
                                       form of an administrative charge or any other form other than interest.
                               (c)     The failure of a landlord or tenant to engage reasonably and in good
                                       faith to make arrangements to cater for the exigencies of the disaster.
                                (d)    Any other conduct prejudicing the ongoing occupancy of a place of
                                        residence. prejudicing the health of any person or prejudicing the
                                        ability of any person to comply with the applicable restrictions on
                                        movement that is unreasonable or oppressive having regard to the
                                        prevailing circumstances.
                                              (3)   Where the protections afforded by any Unfair Practice
                                Regulations in force in any province are greater than those provided in this
                                regulation. the provisions of the provincial Unfair Practice Regulations shall
                                apply.
                                              (4)   The Cabinet member responsible for human settlements
                                must. after consulting with the Rental Housing Tribunals. issue directions
                                disseminating information about the manner in which the Tribunals will conduct
                                their proceedings during the national state of disaster including. but not limited
                                to-
                                (a)     the manner in which Tribunals will facilitate expeditious access to any
                                        aggrieved person; and
                                (b)     the convening of remote hearings or the convening of hearings at any
                                        suitable place.

< page 10	View full Gazette No. 44066	page 12 >

Type your email for free alerts on latest Department of Cooperative Governance notices as they are published

greengazette

Pages

Links

Publications