| (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 following conduct is presumed to be an unfair practice for purposes of the Act: |
| (a) |
The termination of services in circumstances where— |
| (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 services during the national state 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. |
[Regulation 38 substituted by section 3 of Notice No. R. 651, GG44895, dated 25 July 2021]
National Small Business Act, 1996 (Act 102 of 1996)
