My landlord exploited and over-charged us because we only had a verbal lease agreement, and eventually evicted us. Can he get away with that?

The long answer

The estate agent also had no right to tell you to vacate the house when you had a legally binding verbal contract to stay until the end of December.

The fact that your landlord was charging you for his own water usage, as well as yours, is completely illegal, not to mention dishonest.

I would not waste any more time trying to speak to the landlord. I would advise that you lay a complaint against him at the rental housing tribunal and also against the estate agent who tried to evict you illegally. Even if you are going to move to new premises, it’s important not to put up with that kind of behaviour. And it may well help them to understand that they can’t play fast and loose with people’s legal rights when it comes to the next tenants.

The complaints that the Western Cape Rental Housing Tribunal (RHT) deals with include the following:

• Failure to adequately maintain the rental property.

• Unlawful repossession of property and unlawful evictions.

• Failure to accept notice and to vacate the premises.

• Unlawful notices to vacate.

• Unilateral changes to lease agreements.

• Failure to provide monthly statements or issue receipts.

• Unlawful seizure of possessions.

• Failure to provide municipal services.

(I have bolded the ones that may apply to you.)

Now it’s also possible to log a complaint online with the RHT. The instructions provided below are from Western Cape RHT.

5 steps to lodge your complaint online: 

1. Register on the WCG eService Portal

• Navigate to the WCG eService Portal (https://westerncapegov.custhelp.com/)

• You will need your ID or Passport number to register.

• Follow all the screen prompts to complete your registration.

2. Log into your registered account

• Using your newly created account, log into the eService Portal.

• If you have forgotten your password or username, you can reset this via the log-in screen by following the link and prompts.

3. Select Rental Housing Tribunal matter

• Navigate to the Rental Housing Tribunal by selecting “Query” or “Report”, followed by “Rental Housing Tribunal”.

• Familiarize yourself with the disclaimer

• Ensure that you have all the documentation to proceed with your application.

4. Complete Online Complaint form

• Complete your application form by providing all the required Information

• You will be required to upload documents as included in the disclaimer section

• Follow the screens and prompts to complete your complaint form

5. Submit Complaint

• Before submitting your complaint, review the details provided by selecting the ‘back’ button.

• Accept the Declaration as a last step to your application and submit

• On the ‘Interview Complete’ screen you can download all the documents relevant to your complain

They also suggest using the Rental Housing Tribunal App, which you can download from your phone's app store

If you need to contact the RHT, here are their contact details:

Rental Housing Tribunal Contact Information:

Contact details for enquiries
Contact Centre: 0860 106 166
Please Call Me: 079 769 1207
SMS: Help to 31022

For all general enquiries 
E-mail: rht.enquiries@westerncape.gov.za

For dispute-related enquiries
Submit all complaint forms, annexures and a copy of your lease agreement to
E-mail: rht.disputes@westerncape.gov.za

Telephone: 021 483 5020 / 6495 / 3283

Department of Human Settlements:

Ground Floor
ISM Building
27 Wale Street
Cape Town

Wishing you the best,
Athalie