We are often asked whether or not a property owner can get an eviction order from the Rental Housing Tribunal, and quite a few seem to be under the impression that the Rental Housing Tribunal can grant an eviction order; however, nothing could be further from the truth.
While the Rental Housing Tribunal can assist property owners with granting an order that a tenant must pay arrear rent, the Rental Housing Act, 50 of 1999, must be considered in order to arrive at an answer. In particular, section 13(14) of the Rental Housing Act, which reads as follows:
The Tribunal does not have jurisdiction to hear applications for eviction orders.
In light of the above, the Rental Housing Tribunal cannot hear any application for the eviction of a tenant from a property. Further, the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 19 of 1998, specifically provides that only a court (whether a Magistrates’ Court or a High Court) has the power to grant an eviction court order for residential evictions. This conclusion is supported by section 1 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, which defines a court to mean:
any division of the High Court or the magistrate’s court in whose area of jurisdiction the land in question is situated
Accordingly, it can be argued that any award made by the Rental Housing Tribunal for an eviction is unlawful and can be challenged on the basis that the Rental Housing Tribunal acted outside of its statutory powers and hence the award is ultra vires.
The above should not be accepted as legal advice, and you are advised to seek legal advice.
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