Tenants: know your rights and responsibilities

AS complex living becomes more popular in terms of cost-effectiveness and safety, the role of body corporates governing such complexes becomes more important in ensuring harmony among residents.

Body corporates set out strict rules for all to follow, and there are repercussions for those who do not.

But the rights and responsibilities of tenants are easily confused, as body corporates deal solely with owners of units within the complex.

There is a certain procedure that must be followed when dealing with tenant-related complaints.

The Rental Housing Act 50 of 1999 deals solely with disputes between body corporates and owners or owners and owners.

Body corporates cannot declare a dispute with a tenant.

This highlights the importance, for both tenant and owner, of a professional, proactive lettings agency to facilitate the dispute process if necessary.

‘If the body corporate has a dispute with a tenant, it is addressed to the owner.

‘As managing agents, we investigate the matter on behalf of the property owner, liaise with the body corporate to understand the matter and explore appropriate remedies, including warnings and penalties,’ said Just Property Rentals Manager Natasja Vincent.

According to property lawyer Samantha Craddock, if the tenant fails to rectify the breach following a warning notice, the body corporate can impose a fine, which is added to the owner’s levy account until the breach is remedied.

‘If a landlord neglects to pay levies, the body corporate cannot take action against the tenant as the tenant is not the registered owner,’ said Vincent.

‘As long as the tenant’s rental payments are up to date, he/she can occupy the premises until the conclusion of the lease agreement.

‘Tenants cannot be charged for levies. They can only be invoiced for amounts billed by the body corporate if stipulated in the lease.

‘However, the owner remains ultimately responsible, and the same applies to municipal accounts.

‘Educating tenants on body corporate rules ultimately lies with the lettings agency.’

According to the Rental Housing Act, landlords of sectional title units are required to attach a copy of the body corporate rules to the lease agreement.

This ensures tenants are aware of the rules of the complex.

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