Home › Rights by Province › Eastern Cape › Landlord Refusing to Do Repairs

Landlord Refusing to Do Repairs in Eastern Cape

In Eastern Cape, landlords are legally required to maintain rental properties in a habitable condition. If your landlord refuses to carry out essential repairs, you have a right to complain to the Rental Housing Tribunal at no cost.

The Law That Protects You

Rental Housing Act 50 of 1999 — Section 4(5)(a)
A landlord must maintain the dwelling in a good state of repair and ensure that it is fit for human habitation throughout the lease.
Rental Housing Act 50 of 1999 — Section 13
Either party to a lease may lodge a complaint with the Rental Housing Tribunal regarding an unfair practice, including failure to maintain the property.

What To Do — Step by Step

  1. Step 1. Report the defect to the landlord or agent in writing (email or WhatsApp with read receipt). State the problem clearly and give a reasonable deadline (usually 7–14 days).

  2. Step 2. If no response, send a formal written demand noting that you will escalate to the Rental Housing Tribunal.

  3. Step 3. Lodge a complaint with the Rental Housing Tribunal in Eastern Cape — the service is free. Bring your lease, written correspondence, and photographs.

  4. Step 4. The Tribunal will mediate between you and the landlord. If mediation fails, a formal hearing is held and the Tribunal can order the landlord to effect repairs.

  5. Step 5. Do not withhold rent unilaterally — this can expose you to eviction proceedings. Rather use the Tribunal process.

Frequently Asked Questions

Can I deduct repair costs from rent in Eastern Cape?
South African law does not automatically allow tenants to deduct repair costs from rent without agreement or a court/Tribunal order. Doing so unilaterally can give the landlord grounds to cancel the lease. Rather get a Tribunal order first.
What counts as an "essential repair" in Eastern Cape?
Courts have held that repairs necessary to maintain habitability are essential — a functioning roof, geyser, plumbing, electrical supply, and secure doors/windows qualify. Cosmetic issues generally do not.
How long does the Rental Housing Tribunal take in Eastern Cape?
Timelines vary by province but most Tribunals aim to mediate within 30 days of lodging a complaint and hold formal hearings within 60–90 days thereafter.

Legal Resources in Eastern Cape

📋 CCMA: Gqeberha (Port Elizabeth) CCMA (041 506 5000) or East London CCMA (043 721 3600)

⚖️ Legal Aid SA: Legal Aid South Africa — Gqeberha (041 506 5200) or East London (043 721 3600)

🏛️ High Court: Eastern Cape Division of the High Court — Gqeberha (041 408 5111) and Makhanda (046 603 8000)

🏢 Magistrates' Courts: Gqeberha, East London, Makhanda, Mthatha, Aliwal North, and other magistrates' courts

🏠 Rental Housing Tribunal: Eastern Cape Rental Housing Tribunal (040 609 5150)

The Eastern Cape has significant rural land rights issues, high ESTA dispute rates, and widespread challenges with government service delivery. Rural access to courts is a key concern.