Understanding the Rental Housing Tribunal Process – and When to Step In or Step Aside
In the world of rental management, few things strike fear into the heart of even seasoned agents like a Rental Housing Tribunal summons. Questions flood your mind: Am I expected to represent the landlord? Am I allowed to? Should I? And what if the tenant brings a lawyer?
In INNER CIRCLE LIVE #2511, Shaun Luyt, Founder of RentalSphere, was joined by Elize le Roux, attorney and CEO of Xpello, to unpack this complex topic — and the conversation was filled with lightbulb moments for agents navigating this legal minefield.
Here’s a brief look at some of the valuable takeaways:
📌 What the Tribunal Can and Can’t Do
The Rental Housing Tribunal is a forum for resolving rental disputes — but not evictions. It deals with issues like rental arrears, maintenance, unfair practices, and even spoliation (e.g. illegal disconnection of utilities). However, eviction orders remain the domain of the Magistrates or High Court.
📌 You Can Represent the Landlord — But Should You?
Yes, you may attend on behalf of the landlord, if your mandate specifically allows it. But there’s a crucial difference between attending as a witness and representing them formally. Most agents have the facts and documents — but not always the legal expertise required during an adjudication, especially when the tenant brings legal counsel.
💡 Inner Circle Tip: If you’re at a Tribunal hearing and realise the other side has a lawyer, you can formally withdraw as the representative and remain as a witness. Elize explained how.
📌 Mediation vs Adjudication – Why It Matters
Mediation is informal. Adjudication is formal and binding. If parties reach an agreement during mediation, it must be signed and stamped by the Tribunal to be enforceable. Without that, you could be called back months later.
Elize’s warning? A “happy” handshake without paperwork can come back to bite you. Documentation is everything.
📌 When Things Go South – What Happens Next?
A Tribunal order carries the same legal weight as a Magistrates Court ruling. But enforcing it (e.g., to collect unpaid rent) still requires a writ of execution from a court. And appealing a Tribunal decision? That’s a High Court matter — which can easily cost R50,000 or more.
💬 So… Should You Charge for Representing at Tribunal?
Shaun and Elize agreed: Yes, if you’re representing the landlord — and it’s in your mandate — charge a separate fee. This is a specialised service with real risk and time investment. But remember: appearing merely as a witness is not billable.
🔐 Want the Full Story?
This blog only scratches the surface.
💥 What should you do the moment a tribunal notice arrives?
💥 How do you prepare the perfect evidence bundle?
💥 What exact clause should be in your mandate to authorise tribunal representation?
💥 And what can you say on the day if you need to withdraw — legally and safely?
All of this and more is unpacked in INNER CIRCLE LIVE #2511 – available exclusively to Inner Circle members.
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