The landscape of rental housing in South Africa is dynamic and complex, often leading to disputes between landlords and tenants. To address these conflicts fairly and efficiently, the Rental Housing Act (Act No. 50 of 1999) made provision for the establishment of Rental Housing Tribunals in each province, whose role it is to mediate and adjudicate disputes between landlords and tenants, provide advice, enforce compliance and educate the public on their rights and responsibilities. Ultimately, the Tribunal seeks to foster better relationships between landlords and tenants.

Disputes between landlords and tenants can include issues such as non-payment of rent, unfair eviction practices, maintenance and repair responsibilities, amongst others. Instead of going through lengthy and expensive court processes to resolve rental disputes, landlords and tenants can access the Tribunal free of charge. The Tribunal also has the authority to enforce compliance with its rulings, ensuring that both parties adhere to the decisions made during mediation or adjudication.

Despite their importance, the Tribunals remain largely unknown to the public, especially in the backyard housing sector. This is partly because the Tribunals haven’t prioritised publicity and outreach efforts aimed at communities where backyard housing is prevalent. Given the informal nature of backyard rentals, and the lack of awareness among landlords and tenants of their respective housing rights and responsibilities, this sector is particularly prone to exploitation and disputes. For example, landlords may arbitrarily evict tenants or confiscate their belongings when rent is overdue. Landlords may also restrict access to basic services, like water and sanitation, or charge exorbitant fees for these services. In turn, tenants may refuse to pay for services, leaving landlords with crippling unpaid municipal bills, or sublet their structure without approval from the landlord. Many disputes between backyard tenants and landlords remain unresolved or are settled informally, which can lead to unfair outcomes and exploitation, particularly of vulnerable tenants.

Regardless of whether the rental housing market is formal or informal, resolving rental disputes and rights education are part of the remit of Rental Housing Tribunals. In the backyard housing sector, rental agreements are often verbal. While this can complicate the Tribunal's ability to adjudicate disputes and enforce decisions effectively, both verbal and written rental agreements are considered legally binding.

To maximise the Tribunal's reach and impact, there should be comprehensive outreach and education campaigns targeted at informal backyard rental communities. These campaigns can use local media, community meetings and collaborations with CSOs to inform tenants and landlords about their rights and responsibilities and the Tribunal's services. Holding regular community meetings where representatives from the Rental Housing Tribunal present information and answer questions can build trust and understanding. These meetings should be held in accessible locations and at times convenient for the community.

However, the effectiveness of Rental Housing Tribunals is significantly influenced by the involvement of municipalities. Some municipalities play a crucial role in providing resources such as office space, administrative support and financial assistance, helping the Tribunal operate efficiently. The Rental Housing Act enables municipalities to establish a Rental Housing Information Office to educate, provide information and to advise tenants and landlords about their rights and obligations. A Rental Housing Information Office is also meant to provide advice on dispute resolution and refer people to the Tribunal. Municipalities must prioritise the establishment and effective functioning of these offices to ensure the successful implementation of the Rental Housing Act and the protection of all stakeholders in the rental housing sector - including those in the backyard housing sector.

In conclusion, Rental Housing Tribunals are a cornerstone of South Africa’s rental housing sector. Established under the Rental Housing Act of 1999, these Tribunals provide a crucial service by offering a fair, impartial, and accessible platform for resolving disputes. They operate across all provinces and all rental housing markets (public, private, formal and informal), addressing the unique needs of diverse rental markets. By mediating disputes, providing advice, enforcing compliance and educating the public, the Tribunals ensure a balanced and equitable rental housing market. Their role is indispensable in protecting the rights of both landlords and tenants, fostering a stable and harmonious rental environment across South Africa. The support and involvement of municipalities further enhances the effectiveness of the Tribunals, ensuring that rental housing standards are upheld and that all landlords and tenants have access to fair and just treatment in the rental housing sector.