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

Chapter 1 Introductory Provisions

1. Definitions

 

 

In this Act, unless the context otherwise indicates-

 

"dwelling"

includes any house, hostel room, hut, shack, flat, apartment, room, outbuilding, garage or similar structure which is leased, as well as any storeroom, outbuilding, garage or demarcated parking space which is leased as part of the lease;

 

"financial institution"

means a bank as defined in the Banks Act, 1990 (Act No. 94 of 1990);

 

"head of department"

means the officer in charge of a department of the provincial government responsible for housing in the province;

 

"House Rules"

means the rules in relation to the control, management, administration, use and enjoyment of the rental housing property;

 

"landlord"

means the owner of a dwelling which is leased and includes his or her duly authorised agent or a person who is in lawful possession of a dwelling and has the right to lease or sub-lease it;

 

"lease"

means an agreement of lease concluded between a tenant and a landlord in respect of a dwelling for housing purposes;

 

"MEC"

means the member of the Executive Council of a province responsible for housing matters;

 

"Minister"

means the Minister of Housing;

 

"periodic lease"

means a lease for an undetermined period, subject to notice of termination by either party;

 

"prescribed"

means prescribed by regulation by the MEC, by notice in the Gazette;

 

"regulation"

means a regulation made in terms of section 15;

 

"rental housing property"

includes one or more dwellings;

 

"Rental Housing Information Office"

means an office established by a local authority in terms of section 14(1);

 

"tenant"

means the lessee of a dwelling which is leased by a landlord;

 

"this Act"

includes any regulation;

 

"Tribunal"

means a Rental Housing Tribunal established under section 7;

 

"unfair practice"

means-

a) any act or omission by a landlord or tenant in contravention of this Act; or
b) a practice prescribed as a practice unreasonably prejudicing the rights or interests of a tenant or a landlord.