What rental rights do I have as a backyard dweller on council property?

The long answer

Let’s look at the raising of the rent issue first: In a list of Frequently Asked Questions, the Western Cape government answers the question “Can my landlord increase my rent when he wants to?” as follows:

“No, the lease or verbal agreement determines when, and by how much, your rent can be increased. If the agreement does not specify an amount or date for an increase, the landlord has to negotiate the increase with you. Neither you nor your landlord can make changes to your original agreement without checking with the other party first.”

They advise that if you’re either a renter or a landlord, and you have a disagreement or complaint, for example about the rent, you can go to the Rental Housing Tribunal (RHT) for assistance. It is a free service that helps to settle disagreements involving rental properties and leases.

They say that if you suspect that your landlord is acting illegally, you can consult the Western Cape Rental Housing Tribunal:

For general enquiries: [email protected]

For dispute-related enquiries: [email protected]

Call Centre tel: 0860 106 166

The RHT is similar to a Magistrate’s Court and has the power to fine or imprison anyone who doesn’t appear at hearings or cooperate with the proceedings.

The first step is to fill out a Complaint form, giving all the details required, and then use the annexure form to specify what your complaint is. You must sign the form. 

These are the next steps, as given by the Western Cape Government: 

1. After you submit your complaint, your documents will be reviewed to see if there's a valid dispute.

2. Your complaint is entered into the system and is given a reference number. This can take up to 14 days.

3. A Case Officer will be assigned to your case, and they'll contact you about your complaint. Both parties will receive a notification by post that an investigation will take place.

4. The investigation into your case can take up to 3 months.

5. The tribunal may hold a mediation, which is an informal discussion with an independent person who will help both parties agree on a solution.

6. If mediation doesn’t help to solve the disagreement, both parties must attend a Hearing. This is a more formal process before the members of the Tribunal. The Tribunal will then decide. That decision is legally binding, and you must follow the decision.

There is also an organisation called the Development Action Group (DAG), which has a section called Backyard Matters. DAG helps backyard dwellers through capacity-building initiatives around rights and responsibilities, access to basic services, security of tenure etc. These are DAG’s contact details:

Email: [email protected]

Tel: 021 448 7886

Address: 101 Lower Main Road, Observatory, Cape Town.

In terms of the mental health problems that you and your sons suffer from, it may be worth contacting Cape Mental Health, also based in Observatory, Cape Town. It is a very old organisation (NGO) that has a great deal of experience.

These are their contact details:

Email: [email protected]

Tel: 021 447 9040

Address: 18 & 22 Ivy St, Observatory, Cape Town

Wishing you the best,
Athalie