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);

 

"habitability"

refers to a dwelling that is safe and suitable for living in and includes—

and ‘habitable’ has a corresponding meaning;

[Definition inserted by section 1(a) of Notice No. 876, GG 38184, dated 5 November 2014]

 

"head of department"

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

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

 

"House Rules"

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

 

"landowner"

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;

[Definition substituted by section 20 of Notice No. 876, GG 38184, dated 5 November 2014]

 

"lease"

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

 

"local municipality"

means a municipality as defined in the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);

[Definition inserted by section 1(c) and substituted by section 20 of Notice No. 876, GG 38184, dated 5 November 2014]

 

"maintenance"

includes such repairs and upkeep as may be required to ensure that a dwelling is in a habitable condition, and ‘maintain’ has a corresponding meaning;

[Definition inserted by section 1(c) of Notice No. 876, GG 38184, dated 5 November 2014]

 

"MEC"

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

 

"Minister"

means the Minister of Human Settlements;

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

 

"periodic lease"

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

 

"prescribed"

means prescribed by regulation by the Minister;

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

 

"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 municipality in terms of section 14(1);

 

"tenant"

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

 

"this Act"

includes any regulation;

 

"Tribunal"

means a Rental Housing Tribunal established under section 7;

 

"unfair practice"

means—