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Rental Housing Act, 1999 (Act No. 50 of 1999)

Chapter 5 : General Provisions

15. Regulations

 

(1) The Minister may make regulations, after consultation with relevant parliamentary committees and every MEC, by notice in the Gazette, relating to—

[Words preceding section 15(1)(a) substituted by section 15(a) of Notice No. 876, GG 38184, dated 5 November 2014]

(a) anything which may or must be prescribed under this Act;

[Section 15(1)(a) substituted by section 15(b) of Notice No. 876, GG 38184, dated 5 November 2014]

(b) the procedures and manner in which the proceedings of the Tribunal must be conducted. including circumstances and process for submitting an appeal;

[Section 15(1)(b) substituted by section 15(c) of Notice No. 876, GG 348184, dated 5 November 2014]

(c) the forms and certificates to be used;
(d) the notices to be given by the Tribunal in the performance of its functions, powers and duties;
(e) the functions, powers and duties of inspectors for the purpose of carrying out the provisions of this Act;
(f) unfair practices, which, amongst other things may relate to—
(i) the changing of locks;
(ii) deposits;
(iii) damage to property;
(iv) demolitions and conversions;
(v) [Section 15(1)(f)(v) deleted by section 7(b) of Notice No. 539, GG 31051, dated 13 May 2008 ];
(vi) forced entry and obstruction of entry;
(vii) House Rules, subject to the provisions of the Sectional Titles Act, 1986 (Act No. 95 of 1986), where applicable;
(viii) intimidation;
(ix) issuing of receipts;
(x) tenants committees;
(xi) municipal services;
(xii) nuisances;
(xiii) overcrowding and health matters;
(xiv) tenant activities;
(xv) maintenance; and

[Section 15(1)(f)(xv) substituted by section 15(d) of Notice No. 876, GG 38184, dated 5 November 2014]

(xvi) reconstruction or refurbishment work;

[Section 15(1)(f)(xvi) substituted by section 15(e) of Notice No. 876, GG 38184, dated 5 November 2014]

(fA) norms and standards that are aligned to the policy framework set out in section 2(3), in relation to—
(i) terms and conditions of the lease;
(ii) safety, health and hygiene;
(iii) basic living conditions including access to basic services;
(iv) size;
(v) overcrowding; and
(vi) affordability;

[Section 15(1)(fA) inserted by section 15(f) of Notice No. 876, GG 348184, dated 5 November 2014]

(fB) the calculation method for escalation of rental amounts and the maximum rate of deposits which may be payable in respect of a dwelling and which may be set per geographical area to avoid unfair practices particular to that area; and

[Section 15(1)(fB) inserted by section 15(f) of Notice No. 876, GG 348184, dated 5 November 2014]

(g) anything which is necessary to prescribe in order to achieve the purposes of this Act.

 

(2) At least one month prior to the publication of any regulations contemplated in subsection (1), the Minister must by notice in the Gazette set out the Minister’s intention to publish regulations in the form of a Schedule forming part of such notice setting out the proposed regulations, and inviting interested persons to comment on the said regulations or make any representations which they may wish to make in regard thereto.

[Section 15(2) substituted by section 7(c) of Notice No. 539, GG 31051, dated 13 May 2008]

 

(3) The Minister must issue the regulations contemplated in section 1(b), (f) and (fA) within 12 months of the commencement of the Rental Housing Amendment Act, 2014.

[Section 15(3) inserted by section 15(g) of Notice No. 876, GG 38184, dated 5 November 2014]]

 

[Section 15 removed from Chapter 4 and inserted under Chapter 5 by section 16 and substituted by section 20 of Notice No. 876, GG 38184, dated 5 November 2014]

 

 


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