Tenancy Rights

Residential Tenants have the following legal rights available to them:

• The Right to Quiet Enjoyment of the Property
• The Right to Information about the Tenancy
• The Right to Live in a Property in Good Repair
• The Right to Protection from Eviction
• Any Other Rights in terms of the Tenancy Agreement

The Right to Quiet Enjoyment of the Property:

The Tenant has the right to live in the property as his home, without interference and without being disturbed by the Landlord. Landlords may not freely enter the property or otherwise interfere with the Tenant's right to a peaceful and quiet enjoyment of the property. The Tenant's permission must be obtained before the Landlord may enter the property and notice must be given in this regard.

The Right to Information about the Tenancy:

Tenant's have the right to know the terms of the tenancy and may request that the Landlord provide them with a Statement of Terms of their tenancy. Such a statement should include the following information:

• The date on which the tenancy began;
• The amount of rent payable and the dates on which it is due;
• Any rental review arrangements; and
• The length of any fixed term.

The Tenant must make a written request for the Statement of Terms, which must be provided by the Landlord within 28 days of such request being made.

The Right to Live in a Property in Good Repair:

The Landlord must keep the structure and exterior of the property in good repair, including the roof, gutters, walls, windows and doors. The property must be free from defects and the Landlord must repair any reported defects in a reasonably timeous manner.

The property must be safe, with all electrical, gas and other systems and/or appliances meeting the requisite safety standards and being regularly checked. A valid gas safety certificate should be given to the Tenant and any furniture provided by the Landlord should be fire resistant.

For more information on the Landlord's repairing obligations, see Landlord Repairs. For more information on safety standards, see Health and Safety.

The Right to Protection from Eviction:

Landlords may not evict Tenants without good cause for doing so. Where the Landlord has a valid reason to evict the Tenant, he must first serve a Section 8 Notice on the Tenant. For more information on the grounds for possession and the Section 8 Notice, see Section 8 Notices.

Where the Landlord does not have a valid reason to evict the Tenant, or the initial fixed period of the tenancy has expired, the Landlord must serve a Section 21 Notice on the Tenant, providing at least 2 months written notice of his intention to regain possession of the property. For more information on the Section 21 Notice, see Section 21 Notices.

Any Other Rights in terms of the Tenancy Agreement:

Where the Landlord and the Tenant have agreed upon additional rights of the Tenant (such as permission to keep pets, etc), these should be included in the Tenancy Agreement.

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